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Houston Criminal Defense Attorney - Texas Code of Criminal Procedure

Houston Criminal Defense Attorney - Brian Foley - Board Certified in Criminal Law


Today's code of criminal procedure section is Article 2.021 and covers the Duties of Attorney General.


The duty listed in this article says that the attorney general may offer to a county or district attorney the assistance of the Attorney General's office in the prosecution of cases listed under Article 66.102(h) when the victim is less than 17 years old at the time of the offense. The second part of the article says that on request of a county or district attorney they SHALL assist in the prosecution of offenses described by Article 66.`01(H) where the victim is younger than 17.


This results in the creation of a Violent Crimes and Major Offenders division with the Texas Attorney General's Office. Here is the provision under 66.102(h).


(h)  In addition to the information described by this article, information in the computerized criminal history system must include the age of the victim of the offense if the offender was arrested for or charged with an offense under the following provisions of the Penal Code:
(1)  Section 20.04(a)(4) (Aggravated Kidnapping), if the offender committed the offense with the intent to violate or abuse the victim sexually;
(2)  Section 20A.02 (Trafficking of Persons), if the offender:
(A)  trafficked a person with the intent or knowledge that the person would engage in sexual conduct, as defined by Section 43.25, Penal Code; or
(B)  benefited from participating in a venture that involved a trafficked person engaging in sexual conduct, as defined by Section 43.25, Penal Code;
(3)  Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual);
(4)  Section 21.11 (Indecency with a Child);
(5)  Section 22.011 (Sexual Assault) or 22.021 (Aggravated Sexual Assault);
(6)  Section 30.02 (Burglary), if the offense is punishable under Subsection (d) of that section and the offender committed the offense with the intent to commit an offense described by Subdivision (1), (4), or (5);
(7)  Section 43.05(a)(2) (Compelling Prostitution); or
(8)  Section 43.25 (Sexual Performance by a Child).

Smaller counties across the state do not have the resources or experience to handle these kind of complicated cases in some instances. The Attorney General's office employs experienced prosecutors who go across the State trying only the most important types of offenses including the ones listed above. Now this particular article only refers to child cases but the Violent Crimes and Major Offenders division doesn't just handle those types of cases. Recently the Violent Crimes and Major Offenders division employed former prosecutors Bill Turner and Lisa Tanner to prosecute David Temple in the murder of his wife. The Attorney General's office got the guilty verdict but there was a hung jury regarding punishment of the defendant David Temple.



The quality of prosecutor and experience level traditionally employed by the Attorney General's Violent and Major Offenders division has traditionally been second to none. It all starts with Article 2.021 of the Texas Code of Criminal Procedure.


Art. 2.021. DUTIES OF ATTORNEY GENERAL. The attorney general may offer to a county or district attorney the assistance of the attorney general's office in the prosecution of an offense described by Article 66.102(h) the victim of which is younger than 17 years of age at the time the offense is committed. On request of a county or district attorney, the attorney general shall assist in the prosecution of an offense described by Article 66.102(h) the victim of which is younger than 17 years of age at the time the offense is committed. For purposes of this article, assistance includes investigative, technical, and litigation assistance of the attorney general's office. Added by Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 1.02, eff. September 1, 2007. Amended by: Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 4.01, eff. January 1, 2019.


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