Relating to the dismissal of a criminal case by the attorney representing the state.

89(R) HB 867 - Introduced version - Bill Text

89R2134 CJD-D

By: Jones of Harris

H.B. No. 867

A BILL TO BE ENTITLED

AN ACT

relating to the dismissal of a criminal case by the attorney

representing the state.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 32.02, Code of Criminal Procedure, is

amended to read as follows:

Art. 32.02. DISMISSAL BY STATE'S ATTORNEY.
(a)
The

attorney representing the
state
[
State
] may, by permission of the

court, dismiss a criminal action at any time upon filing a written

statement with the papers in the case
.

(b) A statement of dismissal filed under this article must:

(1)
[
setting out his reasons for such dismissal, which

shall
] be incorporated in the judgment of dismissal
; and

(2)

set out the attorney representing the state's

specific reasons for the dismissal, including lack of evidence or

actual innocence
.

(c)

If the specific reason for a dismissal set out under

Subsection (b)(2) is the misconduct of a law enforcement officer,

the attorney representing the state shall:

(1)

include in the papers in the case any information

relating to the misconduct;

(2)

refer the matter to the law enforcement agency

employing the officer for internal review; and

(3)

consider whether the filing of a criminal charge

against the officer is appropriate or refer the matter to the

appropriate attorney representing the state for that

consideration.

(d)
No case shall be dismissed
under this article
without

the consent of the presiding judge.

SECTION 2. The change in law made by this Act applies only

to the dismissal of a criminal action that occurs on or after the

effective date of this Act. A dismissal that occurs before the

effective date of this Act is governed by the law in effect on the

date of the dismissal, and the former law is continued in effect for

that purpose.

SECTION 3. This Act takes effect September 1, 2025.