Global Courant 2023-05-30 20:46:36
Texas is about to crack down on “rogue states” that refuse to prosecute whole types of crimes, such as abortion or drug-related crimes.
Gov. Greg Abbott said Monday he will sign House Bill 17, which expands the definition of “official misconduct” for which a prosecutor can be removed from office. Under the proposed law, residents of Texas could demand the removal of a prosecutor who refuses to prosecute a class or type of offense by petitioning.
“This is one of many transformational bills passed this session,” Abbott said Monday. ‘I’ll sign it. But there is more work to be done.’
The petitioner must have been a resident of the offending district attorney’s district for at least six months and must not currently be charged with any criminal offense in that district. If passed, the bill would also apply to district attorneys with criminal jurisdiction.
FIRST SPECIAL SESSION OF TEXAS LEGISLATION FOCUSING ON BORDER SECURITY, PROPERTY TAX REDUCTION, ABBOTT REVEALS
Texas Governor Greg Abbott has promised to sign legislation allowing Texas residents to petition to remove prosecutors who refuse to prosecute entire types of crimes. (Brandon Bell/Getty Images)
“Our message is crystal clear – the rule of law will be respected and enforced in Texas,” said Rep. David Cook, a Republican. “It’s time to take politics out of the persecution.”
The Republican-led effort comes in response to progressive prosecutors and attorneys general who have vowed not to enforce abortion bans since the Supreme Court overturned Roe v. Wade last year. Some prosecutors, such as New York City Attorney Alvin Bragg or Los Angeles District Attorney George Gascon, have declined to prosecute minor crimes or misdemeanors, including possession of marijuana and prostitution.
TEXAS HOUSE DELIVER ARTICLES OF IMPEACHES AGAINST AG PAXTON TO SENATE: PATRICK RELEASES STATEMENT
The Texas State Capitol Building on Tuesday, May 23, 2023. (Jordan Vonderhaar/Bloomberg via Getty Images)
In Texas, some progressive prosecutors refused to comply with a directive issued last year by Abbott to investigate transgender medical care for minors as child abuse. Legislation that would ban puberty blockers and hormone therapies for transgender minors is currently being passed through the legislature, and Abbott has pledged to sign it.
Other prosecutors have pledged to end mass incarceration by refusing to prosecute crimes, including Dallas County District Attorney John Creuzot, who announced in 2019 that he would not prosecute theft of personal items under $750 stolen out of necessity , reported the Texas Tribune.
TEXAS CRACKDOWN ON DRAG PERFORMANCES WITH MINORS PRESENT REACHED GOV. ABBOTT’S DESK
Dallas County District Attorney John Creuzot announced in 2019 that he would not prosecute petty offenses to keep petty criminals out of jail. (Dallas County)
House Bill 17 contains an exemption for prosecutors using pre-trial diversion programs, which provide an alternative to prosecution for criminal offenders who agree to abide by the law and go through counseling or community service.
According to the Houston Chronicle, Democrats and civil rights groups oppose the law, saying it is unconstitutional and overly vague.
CLICK HERE TO GET THE FOX NEWS APP
“This violation of the state’s separation of powers is part of a disturbing pattern of power grabs from above,” Democratic Senator Sarah Eckhardt, a former prosecutor, said, according to the outlet. “Tools like prosecutor discretion are critical — especially in a state like Texas, where our local district attorneys are directly elected by the people.”
Chris Pandolfo is a writer for Fox News Digital. Send tips to [email protected] and follow him on Twitter @ChrisCPandolfo.
