Texas Senate Bill SB338

Texas 2015 - 84th Regular

Caption

Relating to duties of prosecutors.

Impact

If enacted, SB338 would amend Article 2.08 of the Texas Code of Criminal Procedure, thereby formally disqualifying district and county attorneys from representing the state in cases where a peace officer, who may be under investigation for felony conduct, is involved. This change would reinforce the integrity of criminal prosecutions involving law enforcement by ensuring that those who once represented the state cannot subsequently advocate against it in related matters.

Summary

Senate Bill 338, introduced by Senator Ellis, addresses the ethical obligations and disqualifications of district and county attorneys in Texas. The bill aims to clarify circumstances under which these attorneys cannot act as counsel for the state, particularly in cases involving peace officers being investigated for alleged criminal conduct while in office. This specification is designed to prevent conflicts of interest and ensure that the prosecution remains impartial and fair in cases involving law enforcement personnel.

Contention

There may be notable debates surrounding this bill, particularly concerning the balance between prosecutorial discretion and accountability within law enforcement agencies. Supporters argue that the bill is necessary for maintaining public trust in the legal process, especially in sensitive cases involving police misconduct. However, critics might raise concerns regarding potential implications for the efficiency of prosecutions and how disqualifications might complicate legal proceedings involving complex law enforcement cases.