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.
Spectrum: 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 |
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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. |