Sec. 772.0071. PROSECUTION OF BORDER CRIME GRANT PROGRAM. (a) In this section:
Text of subdivision effective until January 01, 2017
(1) "Border crime" means any crime involving transnational criminal activity that undermines public safety or security, including an offense:
(A) during the prosecution of which an affirmative finding may be requested under Section 3g(a)(2), Article 42.12, Code of Criminal Procedure;
(B) under Chapter 19, 20, 20A, 21, 22, 46, 47, or 71, Penal Code;
(C) under Title 7 or 8, Penal Code;
(D) under Chapter 481, Health and Safety Code;
(E) committed by a person who is not a citizen or national of the United States and is not lawfully present in the United States; or
(F) that is coordinated with or related to activities or crimes that occur or are committed in the United Mexican States.
Text of subdivision effective on January 01, 2017
(1) "Border crime" means any crime involving transnational criminal activity that undermines public safety or security, including an offense:
(A) during the prosecution of which an affirmative finding may be requested under Article 42A.054(c) or (d), Code of Criminal Procedure;
(B) under Chapter 19, 20, 20A, 21, 22, 46, 47, or 71, Penal Code;
(C) under Title 7 or 8, Penal Code;
(D) under Chapter 481, Health and Safety Code;
(E) committed by a person who is not a citizen or national of the United States and is not lawfully present in the United States; or
(F) that is coordinated with or related to activities or crimes that occur or are committed in the United Mexican States.
(2) "Border region" means the portion of this state that is located in a county that:
(A) is adjacent to an international border;
(B) is adjacent to a county described by Paragraph (A); or
(C) is served by a prosecuting attorney whose jurisdiction includes a county described by Paragraph (A) or (B).
(3) "Criminal justice division" means the criminal justice division established under Section 772.006.
(4) "Eligible prosecuting attorney" means an attorney who represents the state in the prosecution of felonies and who:
(A) serves a county located in the border region; or
(B) serves a county or counties that the criminal justice division determines to be significantly affected by border crime.
(b) The criminal justice division shall establish and administer a grant program through which an eligible prosecuting attorney or the attorney's office may apply for a grant to support the prosecution of border crime in a county or counties under the jurisdiction of the attorney.
(c) The criminal justice division shall establish:
(1) additional eligibility criteria for grant applicants;
(2) grant application procedures;
(3) guidelines relating to grant amounts;
(4) procedures for evaluating grant applications; and
(5) procedures for monitoring the use of a grant awarded under the program and ensuring compliance with any conditions of a grant.
(d) Repealed by Acts 2015, 84th Leg., R.S., Ch. 334 , Sec. 4, eff. September 1, 2015.
(e) The criminal justice division shall include in the biennial report required by Section 772.006(a)(9) a detailed reporting of the results and performance of the grant program administered under this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1106 (S.B. 1649), Sec. 1, eff. June 17, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 334 (H.B. 12), Sec. 2, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 334 (H.B. 12), Sec. 4, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.61, eff. January 1, 2017.
Section: Previous 772.004 772.005 772.006 772.0061 772.0062 772.0063 772.007 772.0071 772.0072 772.008 772.009 772.010 772.0101 772.0102 772.011 NextLast modified: September 28, 2016