Bill > HB867

This bill modifies the Texas Code of Criminal Procedure regarding how criminal cases can be dismissed by state attorneys. Under the new provisions, when a state's attorney seeks to dismiss a criminal case, they must now file a written statement that specifically explains the reasons for the dismissal, including potential grounds such as lack of evidence or actual innocence. If the dismissal is due to law enforcement officer misconduct, the attorney must include information about the misconduct in the case papers, refer the matter to the officer's employing agency for internal review, and consider whether criminal charges against the officer are appropriate. The dismissal still requires the consent of the presiding judge, maintaining judicial oversight. The bill clarifies that these new requirements will only apply to criminal case dismissals occurring on or after September 1, 2025, ensuring that existing cases are not retroactively affected. By mandating more transparency and accountability in the dismissal process, the bill aims to provide clearer documentation and potential follow-up actions when cases are dropped, particularly in situations involving potential law enforcement misconduct.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB867