87R3430 YDB-F     By: Dutton H.B. No. 970       A BILL TO BE ENTITLED   AN ACT   relating to prosecutorial transparency.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle C, Title 2, Government Code, is amended   by adding Chapter 47 to read as follows:   CHAPTER 47. PROSECUTORIAL TRANSPARENCY          Sec. 47.0001.  DEFINITIONS. In this chapter:                (1)  "Case number" means the unique number assigned to   a criminal case associated with a charged offense.                (2)  "Charge" means an accusation by a prosecutor's   office that an individual committed an offense, including a   violation of an ordinance, an offense punishable by fine only, a   misdemeanor, or a felony brought by ticket, citation, information,   complaint, indictment, or other charging instrument.                (3)  "Disposition" means the action concluding the   prosecution of a charge, including an entry of nolle prosequi,   diversion, dismissal, dismissal as part of plea bargain, conviction   as part of plea bargain, conviction at trial, or acquittal.                (4)  "Office" means the Office of Court Administration   of the Texas Judicial System.                (5)  "Policy" means any formal or informal policy,   procedure, guideline, manual, training material, direction,   instruction, or other information that contains guidance for   employees of a prosecutor's office.                (6)  "Prosecutor" means a district attorney, criminal   district attorney, county attorney performing the duties of a   district attorney, or municipal prosecutor.                (7)  "Unique identifier" means a randomly generated   number assigned in place of a defendant's name.          Sec. 47.0002.  INFORMATION COLLECTED AND MAINTAINED BY   PROSECUTOR'S OFFICE. (a) Except as provided by this section, a   prosecutor's office shall collect the following information, as   applicable, for each case presented to the office:                (1)  the case number;                (2)  the indictment number;                (3)  the docket number;                (4)  the unique identifier;                (5)  the defendant's race;                (6)  the defendant's gender;                (7)  the defendant's disability status, including, as   applicable, the status of the defendant as having:                      (A)  an intellectual disability;                      (B)  a physical disability; or                      (C)  a sensory disability;                (8)  the source of the information provided in   Subdivision (7), including, as applicable:                      (A)  the defendant's advocate or attorney;                      (B)  observation by defense attorney; or                      (C)  another source;                (9)  the date the offense was committed or incident   occurred;                (10)  the arrest date;                (11)  the district, precinct, or neighborhood of the   arrest;                (12)  the primary arresting law enforcement agency;                (13)  other governmental agencies involved in the   arrest;                (14)  the charges listed on the arresting law   enforcement agency's paperwork;                (15)  if the prosecutor declines to prosecute an   alleged offense, the reason for that decision;                (16)  any charges filed by the prosecutor;                (17)  the name of the prosecutor who approved each   filed charge;                (18)  the defendant's eligibility for court-appointed   counsel and the proceeding in which that determination was made;                (19)  the arraignment date;                (20)  the date the charge was modified;                (21)  the charge following any modification;                (22)  whether diversion was offered;                (23)  the date diversion was offered;                (24)  the judge's position on diversion if stated on the   record;                (25)  whether the defendant accepted any diversion   offered;                (26)  the diversion terms, including the amount of any   fees the defendant is ordered to pay;                (27)  whether the punishment for the offense prescribes   a mandatory minimum sentence;                (28)  whether the offense charged was eligible for   punishment by death sentence;                (29)  the prosecutor's recommendation on the amount of   bail or bond, including release conditions;                (30)  whether bail or bond was imposed on the   defendant;                (31)  whether bond was secured, unsecured, or payable   from another type of arrangement;                (32)  the date bail or bond was imposed;                (33)  any court-ordered release conditions;                (34)  the dates and length of any pretrial detention   the defendant served;                (35)  whether a risk assessment or other quantitative   tool was used in determining pretrial detention or the amount of   bail or bond and, if used:                      (A)  the name of the office or agency that   conducted the assessment; and                      (B)  the name of offices, agencies, individuals,   or attorneys that received the assessment results;                (36)  whether any statutory or constitutional rights of   defendants were waived by stipulation or in the court's record and,   if waived:                      (A)  the dates of the waiver;                      (B)  the rights waived; and                      (C)  whether and which rights were waived as a   condition of a plea bargain;                (37)  whether a plea was offered;                (38)  whether a time limit for acceptance was included   with a plea offer;                (39)  the terms of all pleas offered to the defendant,   including:                      (A)  any charges dismissed;                      (B)  the sentence ranges for charges dismissed;                      (C)  the charges included in the plea;                      (D)  the sentence ranges for charges included in   the plea;                      (E)  any charges included in the plea but not   included in the convicted offenses; and                      (F)  any punishment or sentence offered for   accepting the plea;                (40)  whether the plea was accepted or rejected;                (41)  whether discovery was disclosed to the defense or   defendant before the plea;                (42)  the date discovery was disclosed to the defense   or defendant;                (43)  the judges presiding over pretrial proceedings;                (44)  the case's disposition, including:                      (A)  whether the case or charges were dismissed by   the prosecutor or dismissed on the motion of the prosecutor and the   reason for the dismissal;                      (B)  the offenses of which the defendant was   convicted;                      (C)  if the defendant was convicted, whether by   plea, jury trial, or bench trial; and                      (D)  if a judge dismisses the case, the reason for   the dismissal;                (45)  the presiding judge at disposition;                (46)  the disposition date;                (47)  the sentence type, including fines, probation,   suspended sentences, and incarceration;                (48)  the sentence length;                (49)  the presiding judge at sentencing;                (50)  the supervision terms;                (51)  any services required or provided to the defense   or defendant;                (52)  any fines, reimbursement fees, or court costs   imposed; and                (53)  any forfeiture of property required.          (b)  The prosecutor's office shall maintain a record of the   information required by Subsection (a) for each case until at least   the 10th anniversary of the date the alleged offense for the case   was committed.          (c)  The prosecutor's office shall collect all office   policies, including policies related to the following:                (1)  case dismissal and charging of offenses;                (2)  bail;                (3)  sentencing;                (4)  plea bargains;                (5)  grand jury practices;                (6)  discovery practices;                (7)  witness treatment, including the timing and   procedures to procure material witness warrants;                (8)  the procedure for deciding whether to prosecute   juveniles as adults;                (9)  the manner in which fines, reimbursement fees, and   court costs are assessed;                (10)  asset forfeiture practices;                (11)  mental health screening and history;                (12)  substance abuse screening and history;                (13)  domestic violence survivors;                (14)  diversion practices;                (15)  human resources, including hiring, evaluation,   firing, promotion, and rotation among divisions or units in the   prosecutor's office;                (16)  internal discipline and related procedures;                (17)  victim services;                (18)  restorative justice programs;                (19)  office trainings offered in the prosecutor's   office in the preceding year;                (20)  procedures for tracking and responding to   incarcerated individuals' applications for parole or resentencing;   and                (21)  vulnerable populations, including members of the   immigrant, lesbian, gay, bisexual, transgender, or queer   communities.          (d)  The prosecutor's office shall collect the following   information for each attorney employed in the office with the name   and other personally identifying information redacted or otherwise   ensuring the anonymity of the attorney:                (1)  age;                (2)  gender;                (3)  race;                (4)  date hired;                (5)  title; and                (6)  disciplinary history.          (e)  The prosecutor's office must collect the following   information:                (1)  the number of attorneys on staff;                (2)  the average number of cases handled by an attorney   each year;                (3)  the number of attorneys who worked for the office   in a temporary or contract capacity during the preceding calendar   year;                (4)  the number of paralegals and administrative staff   employed by the office;                (5)  the number of investigators who provided services   to the office during the preceding calendar year;                (6)  the number of experts who provided services to the   office during the preceding calendar year; and                (7)  the number of peace officers or detectives who   work directly for the prosecutor's office.          Sec. 47.0003.  PUBLIC POSTING REQUIREMENTS FOR CERTAIN   INFORMATION. (a) A prosecutor's office shall make publicly   available the information required by Sections 47.0002(c)-(e) by:                (1)  posting the information on the office's Internet   website; and                (2)  otherwise making the information available on   request.          (b)  The information made available under Subsection (a)   must include the effective date of each policy or the date the   information was gathered. The prosecutor's office at least   annually shall post revised or newly drafted policies or newly   collected information.          (c)  A prosecutor's office that does not maintain a policy   related to a topic listed in Section 47.0002(c) shall affirmatively   disclose that fact.          Sec. 47.0004.  REPORT OF CERTAIN INFORMATION TO OFFICE.  (a)     The office shall:                (1)  establish a uniform and consistent method for a   prosecutor's office to transmit the information required under   Section 47.0002(a) to the office; and                (2)  develop an implementation schedule and plan for   all prosecutors' offices in this state to report the information   required under Section 47.0002(a), which may include, as determined   by the office, a staggered implementation that prioritizes a subset   of the information or prioritizes reporting by prosecutors' offices   from counties with the largest populations.          (b)  In accordance with Subsection (a), on or before January   31 of each year, a prosecutor's office shall transmit required   information for the preceding calendar year that does not contain   any personally identifying information about an individual   arrested or prosecuted to the office.          Sec. 47.0005.  USE OF INFORMATION TRANSMITTED TO OFFICE.   The office shall:                (1)  on May 1 of each year, publish on the office's   Internet website the information received from all prosecutors'    offices under Section 47.0004 in an open electronic format that is   machine-readable, machine-searchable, and readily accessible to   the public, provided the information does not contain personally   identifying information about any individual arrested or   prosecuted;                (2)  on September 1 of each year, issue a report   analyzing the information received from all prosecutors' offices   that compares and contrasts the practices and trends among   prosecutors' offices in this state and identifies any prosecutors'   offices that are not in compliance with this chapter;                (3)  biannually publish issue-specific reports with   more in-depth analysis of one or more areas of prosecutorial   decision-making; and                (4)  annually publish at least one report focusing on   racial disparities in prosecutorial decision-making.          Sec. 47.0006.  ADVISORY BOARD. (a) An advisory board is   established to advise the office under this chapter. The advisory   board shall meet at least quarterly with the office to provide   comments and guidance to the office on any draft rules, policies,   plans, reports, or other decisions made by the office related to   this chapter.          (b)  The advisory board:                (1)  is composed of at least seven members, appointed   by the governor; and                (2)  must include at least:                      (A)  two members who are public defenders or other   criminal defense attorneys; and                      (B)  two members with direct experience as   criminal defendants prosecuted under this state's criminal justice   system.          (c)  An advisory board member is not entitled to compensation   for service on the advisory board.          Sec. 47.0007.  NONCOMPLIANCE. Notwithstanding any other   law, if the office determines that a prosecutor's office is not in   compliance with this chapter, the prosecutor's office is ineligible   to receive funding from this state's general revenue fund or other   fund or any state grant program administered by the attorney   general or other entity controlling grants to the prosecutor's   office. The office shall inform the comptroller and the   Legislative Budget Board of the ineligibility. Eligibility for   funding may be restored only after:                (1)  the prosecutor's office fully complies with this   chapter and provides the required information; and                (2)  the office certifies that the prosecutor's office   is in compliance with this chapter.          Sec. 47.0008.  RELATION TO PUBLIC RECORDS ACTS. (a)   Notwithstanding any other law, a prosecutor's office that is in   compliance with this chapter and that receives a request for   information under Chapter 552 that the prosecutor's office   reasonably and in good faith believes can be satisfied by reference   to information publicly available under this chapter may satisfy   the obligation under Chapter 552 by referring the requesting party   to the Internet website that contains the information. The   prosecutor's office is not required to otherwise collect and   disclose the requested information.          (b)  A requesting party that does not agree that the party's   request can be satisfied with information collected under this   chapter and published on the relevant website may file suit in   accordance with Chapter 552 to compel disclosure.          SECTION 2.  (a) Not later than December 1, 2021, the   governor shall make the initial appointments to the advisory board   established under Section 47.0006, Government Code, as added by   this Act.          (b)  Not later than March 1, 2022, a prosecutor's office   shall post on the Internet website for the office the initial   information as required by Section 47.0003, Government Code, as   added by this Act.          (c)  Not later than September 1, 2022, the Office of Court   Administration of the Texas Judicial System shall make the   determinations required under Section 47.0004(a), Government Code,   as added by this Act.          (d)  Not later than May 1, 2023, the Office of Court   Administration of the Texas Judicial System shall post on the   office's Internet website the initial information required under   Section 47.0005(1), Government Code, as added by this Act.          (e)  Not later than September 1, 2023, the Office of Court   Administration of the Texas Judicial System shall produce the   initial reports required under Sections 47.0005(2), (3), and (4),   Government Code, as added by this Act.          SECTION 3.  This Act takes effect September 1, 2021.