A bill that would allow for the removal of district attorneys who institute non-prosecution policies has passed the Texas Senate with bipartisan support.
Senate Bill 20, authored by Sen. Joan Huffman (R-Houston), passed the Senate earlier this month. The proposal passed by a vote of 20 to 11, with Sen. Juan Hinojosa (D-McAllen) voting alongside Republicans.
SB 20 stipulates, “A prosecuting attorney may not adopt or enforce a policy under which the prosecuting attorney refuses to prosecute a class or type of criminal offense for any reason other than to comply with an injunction, judgment, or order issued by a court.”
The bill goes on to state, “A prosecuting attorney who violates this section commits official misconduct for purposes of removal.”
Such legislation would have had a direct impact on Dallas District Attorney John Creuzot, who previously instituted a non-prosecution scheme that let suspects charged with thefts between $100 and $750 get off without punishment.
After substantial pushback from the community and law enforcement agencies, Creuzot reversed his policy in November, as reported by The Dallas Express.
Huffman explained during remarks on SB 20 that “this bill is aiming at those [DAs] that have policies that, whether it’s direct or indirect, that create an across the board refusal to prosecute a class or a type of offense.”
“Like we’ve seen some that don’t prosecute theft under $750 or, that’s just an example, but that type of example,” she said, clearly referencing Creuzot’s previous policy.
SB 21, also authored by Huffman, passed at the same time with the support of Sens. John Whitmire (D-Houston) and Judith Zaffirini (D-Laredo) in addition to all Republicans. SB 21 would allow for the discipline of judges who persistently or willfully violate bail-setting law.
Lt. Gov. Dan Patrick explained in a statement, “Texans unapologetically believe in the rule of law and expect their judges and district attorneys to follow Texas law.”
“SB 20 and SB 21 are two of my top priorities this session because it is unacceptable that rogue district attorneys and judges, primarily in big cities, are not following our laws,” he continued. “These bills send a clear message that their delinquent behavior will not be tolerated.”
Sen. Tan Parker (R-Flower Mound), who co-authored SB 20, told The Dallas Express in January, “We have witnessed district attorneys in Texas willfully disregard their most fundamental responsibilities, putting the public’s safety at risk.”
“An increasing number of district attorneys in this state are taking it upon themselves to legislate from their desks, oftentimes against the wishes of the people living in their own communities who are left facing the consequences of their inaction,” the senator further claimed.
Gov. Greg Abbott has recently criticized the district attorney in Austin, and Texas Attorney General Ken Paxton has urged lawmakers to “give some kind of concurrent jurisdiction either to us or to some other entity that could actually be a back-up if certain district attorneys decide not to prosecute certain crimes that you all have said are crimes.”
House Speaker Dade Phelan (R-Beaumont) has expressed agreement that “rogue” district attorneys are an issue and has backed proposals to revive the Prosecuting Attorneys Coordinating Council, which originally existed from 1977 to 1985.
Opponents of the various proposals argue that such initiatives would undermine local control and community self-determination, ultimately taking power away from voters.
Andrew Hendrickson with the ACLU of Texas spoke against SB 20 specifically, explaining, “Our primary reason for opposing SB 20 is that we believe that the voters should decide whether a prosecutor’s policies are effective via elections.”
Other groups that opposed SB 20 include the Texas Center for Justice and Equity, Every Texan, Texas Impact, Texas Freedom Network, Statewide Leadership Council, the Texas Civil Rights Project, and Planned Parenthood Texas Votes.
On the other hand, Jennifer Szimanski with the Combined Law Enforcement Associations of Texas (CLEAT) told The Dallas Express, “CLEAT testified in support of SB 20 which would end the blatant disregard for the laws of our state.”
“This practice must end as it is detrimental to and goes against the duties of our sworn law enforcement officers,” she argued. “Public safety is at risk and criminals must be held accountable for crimes they choose to commit.”