The bill, S.B. No. 1440, introduces a new requirement for prosecuting attorneys in Texas regarding the reporting of discretionary decisions not to prosecute certain criminal offenses. Specifically, it mandates that if a prosecuting attorney refuses to prosecute an alleged offense after receiving an affidavit from a peace officer asserting probable cause, they must submit a report to the attorney general. This report must include details about the alleged offense, the rationale for the decision not to prosecute—including any evidentiary deficiencies—and the alleged offender's criminal history.

Additionally, the bill requires the office of the attorney general to publicly post information about these prosecutorial decisions on its website at least once a month. The posted information must include the county where the alleged offense occurred and the type of offense alleged. However, it is stipulated that no personally identifying information about the alleged offender or victim can be included in these public postings. The provisions of this bill are set to take effect on September 1, 2025.

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