Sec. 2. As used in this chapter, "categorically refuse to prosecute" means a blanket refusal to prosecute a criminal law. The term does not include the refusal to prosecute a criminal law if:
(1) the prosecution would violate federal law or an order issued by a state or federal court;
(2) the prosecution would violate the Rules of Professional Conduct; or
(3) the decision not to prosecute the law is based on an individual investigation of the facts and circumstances of the case.