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AN ACT
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relating to the disqualification of a district or county attorney |
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who is the subject of a criminal investigation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 2.08, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 2.08. DISQUALIFIED. (a) District and county |
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attorneys shall not be of counsel adversely to the State in any |
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case, in any court, nor shall they, after they cease to be such |
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officers, be of counsel adversely to the State in any case in which |
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they have been of counsel for the State. |
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(b) A judge of a court in which a district or county attorney |
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represents the State shall declare the district or county attorney |
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disqualified for purposes of Article 2.07 on a showing that the |
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attorney is the subject of a criminal investigation by a law |
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enforcement agency if that investigation is based on credible |
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evidence of criminal misconduct for an offense that is within the |
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attorney's authority to prosecute. A disqualification under this |
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subsection applies only to the attorney's access to the criminal |
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investigation pending against the attorney and to any prosecution |
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of a criminal charge resulting from that investigation. |
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SECTION 2. The change in law made by this Act applies only |
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to the prosecution of an offense committed on or after the effective |
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date of this Act. The prosecution of an offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, an |
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offense was committed before the effective date of this Act if any |
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element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1638 was passed by the House on April |
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7, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1638 on May 27, 2011, by the following vote: Yeas 139, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1638 was passed by the Senate, with |
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amendments, on May 25, 2011, by the following vote: Yeas 31, Nays |
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0 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |