Bill Text: TX SB1424 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to criminal procedure, including grand jury proceedings and the appointment of an attorney pro tem for certain criminal proceedings.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2017-05-20 - Referred to Criminal Jurisprudence [SB1424 Detail]
Download: Texas-2017-SB1424-Engrossed.html
By: Buckingham | S.B. No. 1424 |
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relating to criminal procedure, including grand jury proceedings | ||
and the appointment of an attorney pro tem for certain criminal | ||
proceedings. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Articles 2.07(a), (b), (b-1), and (d), Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(a) Whenever an attorney for the state is disqualified to | ||
act in any case or proceeding, is absent from the county or | ||
district, or is otherwise unable to perform the duties of the | ||
attorney's [ |
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attorney for the state, the judge of the court in which the attorney | ||
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an [ |
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assistant attorney general to perform the duties of the office | ||
during the absence or disqualification of the attorney for the | ||
state. | ||
(b) Except as otherwise provided by this subsection, [ |
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the appointed office are additional duties of the appointed | ||
attorney's [ |
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entitled to additional compensation. This subsection does not | ||
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from contracting with another commissioners court to pay expenses | ||
and reimburse compensation paid by a county to an attorney [ |
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(b-1) An attorney for the state who is not disqualified to | ||
act may request the court to permit the attorney's recusal [ |
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the court the attorney is disqualified. | ||
(d) In this article, "attorney for the state" means a county | ||
attorney with criminal jurisdiction, a district attorney, or a | ||
criminal district attorney. | ||
SECTION 2. Chapter 20, Code of Criminal Procedure, is | ||
amended by adding Article 20.013 to read as follows: | ||
Art. 20.013. WHO MAY BE INVESTIGATED. (a) Except as | ||
provided by Subsection (b), a grand jury may not investigate a | ||
person who is accused or suspected of an offense and may not vote to | ||
present an indictment for the offense if the person has previously | ||
been investigated by a grand jury for the same offense and that | ||
grand jury found no bill of indictment. | ||
(b) A grand jury may investigate, and may present an | ||
indictment with respect to, a person described by Subsection (a) | ||
only if the attorney representing the state establishes in an ex | ||
parte hearing that it is in the interest of justice that the person | ||
be investigated by a subsequent grand jury for the same offense. | ||
SECTION 3. Article 27.03, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 27.03. MOTION TO SET ASIDE INDICTMENT. In addition to | ||
any other grounds authorized by law, a motion to set aside an | ||
indictment or information may be based on the following: | ||
1. That it appears by the records of the court that the | ||
indictment was not found by at least nine grand jurors, or that the | ||
information was not based upon a valid complaint; | ||
2. That some person not authorized by law was present when | ||
the grand jury was deliberating upon the accusation against the | ||
defendant, or was voting upon the same; [ |
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3. That the grand jury was illegally impaneled; provided, | ||
however, in order to raise such question on motion to set aside the | ||
indictment, the defendant must show that the defendant [ |
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have an opportunity to challenge the array at the time the grand | ||
jury was impaneled; and | ||
4. That the grand jury improperly investigated a person in | ||
violation of Article 20.013. | ||
SECTION 4. Article 52.09(c), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(c) An attorney pro tem appointed under Article 52.01(d) [ |
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as an attorney appointed to represent an indigent person [ |
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shall set the compensation of the attorney pro tem based on the | ||
sworn testimony of the attorney or other evidence that is given in | ||
open court. | ||
SECTION 5. Section 574.004, Government Code, is amended to | ||
read as follows: | ||
Sec. 574.004. ASSISTANCE BY ATTORNEY GENERAL. This | ||
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general from providing assistance to district attorneys, criminal | ||
district attorneys, and county attorneys on request by allowing | ||
assistant attorneys general to serve as duly appointed and | ||
deputized assistant prosecutors, nor does [ |
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prohibit the appointment of an assistant attorney general as an | ||
attorney pro tem pursuant to Article 2.07, Code of Criminal | ||
Procedure. | ||
SECTION 6. Articles 2.07(c), (e), (f), and (g), Code of | ||
Criminal Procedure, are repealed. | ||
SECTION 7. The change in law made by this Act in amending | ||
Article 2.07, Code of Criminal Procedure, applies only to the | ||
appointment of an attorney pro tem that occurs on or after the | ||
effective date of this Act. The appointment of an attorney pro tem | ||
that occurs before the effective date of this Act is governed by the | ||
law in effect on the date the attorney pro tem was appointed, and | ||
the former law is continued in effect for that purpose. | ||
SECTION 8. The change in law made by this Act applies to a | ||
grand jury impaneled on or after the effective date of this Act. A | ||
grand jury impaneled before the effective date of this Act is | ||
governed by the law in effect on the date the grand jury was | ||
impaneled, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 9. This Act takes effect September 1, 2017. |