H.B. No. 867 amends Article 32.02 of the Code of Criminal Procedure to establish new requirements for the dismissal of criminal cases by the attorney representing the state. The bill specifies that the attorney must file a written statement with the court detailing the specific reasons for the dismissal, which may include lack of evidence or actual innocence. Additionally, if the dismissal is due to the misconduct of a law enforcement officer, the attorney is required to include relevant information about the misconduct, refer the matter to the appropriate law enforcement agency for internal review, and consider whether to file charges against the officer.

Furthermore, the bill stipulates that no case can be dismissed without the consent of the presiding judge. The changes introduced by this Act will only apply to dismissals occurring on or after its effective date of September 1, 2025, while dismissals prior to this date will continue to be governed by the existing law.