JEFFERSON COUNTY, Texas — House Bill 17 went into effect on September 1, 2023 and it's been controversial ever since.
12news spoke to Jefferson County District Attorney Keith Giblin and an attorney to learn how this new bill impacts our court system.
Typically district attorneys are able to chose which cases they prosecute or which ones they throw out.
Now they can potentially face charges if they chose to not prosecute certain crimes.
The bill essentially limits a district attorney's power of discretion by allowing the removal of those who refuse to prosecute cases concerning abortion, voter fraud or minor drug possession.
"The Constitution of the State of Texas and the Constitution of the United States gives people the power to vote. This law makes your decision of who you voted for meaningless," said Lead Attorney and Owner of Franklin, Franklin & Associates, Eric Franklin.
Franklin told 12News that House Bill 17 is problematic.
"Someone far away from the county that you live in has the power to question and override your vote for the district attorney that you voted for in the election," Franklin said.
He believes that district attorney's have to able to use power of discretion.
"To say we are going to make marijuana low priority, or we're not even going to bother with it because we literally have thousands, upon thousands of other cases to handle. That should be in the discretion of that prosecutor, that district attorney to make that decision," Franklins told 12News.
Giblin agrees that House Bill 17 will limit district attorneys' power of discretion.
"It takes away from discretion from the prosecutorial discretion. But I do think that it's important that prosecutors don't just pick and choose what they want to prosecute," said Giblin.
Giblin said that he will continue to prioritize prosecuting crimes that protect the public like violent crimes and large drug crimes.
"Our job is to prosecute people that violate the crimes, the laws of the State of Texas. And so whether we like the laws, or don't like the laws. And so that's our job. So we're going to continue doing what we do best and that's enforce the law and see that justice is done," said Giblin.
A potential side effect is that the jail system could see an increase in the jail population from low level offenses that they would normally throw out according to Giblin.