New Texas law limits prosecutorial discretion in abortion cases
Senate Bill 20 would call for the removal of prosecutors who refuse to enforce abortion laws
Texas enacted a law that will punish prosecutors who choose not to enforce abortion statutes and regulations.
The Guardian reported that the state is set to pass Senate Bill 20, which forbids prosecutors from adopting a “policy” of refusing to prosecute particular types of crimes, such as abortion cases. Under the new law, these policies constitute “official misconduct” and could lead to prosecutors being removed from office.
A bill intended to rein in district attorneys who decline to pursue certain cases passed the Senate on Wednesday. The bill, a priority for Lt. Gov. Dan Patrick, is part of a larger effort to limit the power of elected prosecutors, especially in Texas’ largest, left-leaning counties, according to the Texas Tribune.
The Tribune reports that only a county resident can bring an allegation of misconduct against an elected prosecutor. But both chambers are considering separate legislation allowing residents and prosecutors in neighboring counties, and the attorney general, to file charges of official misconduct.
Rolling Stone recently profiled a district attorney in Texas named Mark Gonzalez, who represents Nueces County, where Corpus Christi is located. Gonzalez was elected in 2016. He is also one of the five Texas DAs who pledged they wouldn’t use their office’s resources to criminalize private medical decisions.
“The only policy that my office has always is ‘Just do the right thing,’” Gonzalez told the publication. “And maybe that is not prosecuting a young person who was in a compromised position.”