The bill, a priority for Lt. Gov. Dan Patrick, is part of a larger effort to limit the power of elected prosecutors, especially in Texas’ largest, left-leaning counties.
Some district and county attorneys in Texas have said they will not prosecute people accused of violating the state’s near-total abortion bans. There’s also conflict over whether prosecutors will pursue allegations of election fraud, as well as cases involving first-time drug offenders or low-level theft.
SB 20 would prohibit prosecutors from adopting or enforcing a policy “under which the prosecuting attorney refuses to prosecute a class or type of criminal offense.” Such a policy would qualify as “official misconduct”; if a jury finds a prosecutor guilty of misconduct, a district judge can order them removed from office.
The Texas District and County Attorneys Association has raised concerns about these bills, noting on their website that there is already a system in place for residents of a county to raise issues with their prosecutor — either through bringing misconduct claims or by voting them out at the next election.
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