The bill, S.B. No. 1440, introduces a new requirement for prosecuting attorneys in Texas regarding the reporting of discretionary prosecutorial decisions. Specifically, it mandates that if a prosecuting attorney refuses to prosecute a criminal offense after receiving an affidavit from a peace officer alleging probable cause, they must submit a report to the attorney general. This report must include information about the alleged offense, a detailed explanation of the decision not to prosecute, including any evidentiary deficiencies, and the alleged offender's criminal history.
Additionally, the attorney general's office is required to post information about these prosecutorial decisions on their publicly accessible website at least once a month. This posting must include the county where the alleged offense occurred and the type of offense alleged, while ensuring that no personally identifying information about the alleged offender or victim is disclosed. The bill is set to take effect on September 1, 2025.
Statutes affected: Introduced: ()