Bill Text: TX SB623 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to the disqualification of a district or county attorney who is the subject of a criminal investigation.
Sponsorship: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2011-05-25 - Returned to Local & Consent Calendars Comm. [SB623 Detail]
Download: Texas-2011-SB623-Engrossed.html
| By: Whitmire | S.B. No. 623 | |
|
|
||
|
|
||
| relating to the disqualification of a district or county attorney | ||
| who is the subject of a criminal investigation. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 2.08, Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| Art. 2.08. DISQUALIFIED. (a) District and county | ||
| attorneys shall not be of counsel adversely to the State in any | ||
| case, in any court, nor shall they, after they cease to be such | ||
| officers, be of counsel adversely to the State in any case in which | ||
| they have been of counsel for the State. | ||
| (b) A judge of a court in which a district or county attorney | ||
| represents the State shall declare the district or county attorney | ||
| disqualified for purposes of Article 2.07 on a showing that the | ||
| attorney is the subject of a criminal investigation based on | ||
| credible evidence of criminal misconduct for an offense that is | ||
| within the attorney's authority to prosecute. A disqualification | ||
| under this subsection applies only to the attorney's access to the | ||
| criminal investigation pending against the attorney and to any | ||
| prosecution of a criminal charge resulting from that investigation. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to the prosecution of an offense committed on or after the effective | ||
| date of this Act. The prosecution of an offense committed before | ||
| the effective date of this Act is governed by the law in effect on | ||
| the date the offense was committed, and the former law is continued | ||
| in effect for that purpose. For purposes of this section, an | ||
| offense was committed before the effective date of this Act if any | ||
| element of the offense occurred before that date. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
