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Texas Government Code - GOV'T § 402.103. Prosecution

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Notwithstanding any other law, the attorney general has jurisdiction to prosecute and shall represent the state in the prosecution of a criminal offense described by Section 402.101 if:

(1) a law enforcement agency submits a report described by Section 402.102(a) to the local prosecuting attorney and the attorney general;

(2) 180 days have elapsed from the date the report was submitted;  and

(3) the local prosecuting attorney has not taken prosecutorial action to prosecute the offense.

(b) If the prosecution of a criminal offense described by Section 402.101 is pending before a court and the attorney general has jurisdiction to prosecute the criminal offense under Subsection (a), the attorney general shall file with the court in which the prosecution is pending a notice of appearance to represent the state and provide to the local prosecuting attorney a copy of the notice.

(c) If the prosecution of a criminal offense described by Section 402.101 is not pending before a court and the attorney general has jurisdiction to prosecute the criminal offense under Subsection (a), the attorney general shall notify the local prosecuting attorney of the attorney general's intent to represent the state in the prosecution of the offense under Subsection (a).

(d) A local prosecuting attorney may file a motion in the court in which the prosecution of a criminal offense described by Section 402.101 is pending objecting to the attorney general's representation of the state in the prosecution of the offense.  The court shall hold a hearing on the motion filed under this subsection not later than the 30th day after the date the motion is filed.  In response to a motion filed under this subsection, the court shall:

(1) make a finding as to whether the local prosecuting attorney has taken prosecutorial action to prosecute the offense;  and

(2) if the court finds the local prosecuting attorney has not taken prosecutorial action to prosecute the offense, issue an order stating the attorney general shall represent the state in the prosecution of the offense.

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Cite this article: FindLaw.com - Texas Government Code - GOV'T § 402.103. Prosecution - last updated January 01, 2024 | https://codes.findlaw.com/tx/government-code/gov-t-sect-402-103/

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