Texas 2017 - 85th Regular

Texas Senate Bill SB1424 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Buckingham S.B. No. 1424
2		-	(In the Senate - Filed March 8, 2017; March 16, 2017, read
3		-	first time and referred to Committee on Criminal Justice;
4		-	May 17, 2017, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 8, Nays 0; May 17, 2017,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1424 By: Whitmire
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to criminal procedure, including grand jury proceedings
14	7		and the appointment of an attorney pro tem for certain criminal
15	8		proceedings.
16	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	10		SECTION 1. Articles 2.07(a), (b), (b-1), and (d), Code of
18	11		Criminal Procedure, are amended to read as follows:
19	12		(a) Whenever an attorney for the state is disqualified to
20	13		act in any case or proceeding, is absent from the county or
21	14		district, or is otherwise unable to perform the duties of the
22	15		attorney's [his] office, or in any instance where there is no
23	16		attorney for the state, the judge of the court in which the attorney
24	17		[he] represents the state may appoint, from any county or district,
25	18		an [any competent] attorney for the state or may appoint an
26	19		assistant attorney general to perform the duties of the office
27	20		during the absence or disqualification of the attorney for the
28	21		state.
29	22		(b) Except as otherwise provided by this subsection, [if the
30	23		appointed attorney is also an attorney for the state,] the duties of
31	24		the appointed office are additional duties of the appointed
32	25		attorney's [his] present office, and the attorney [he] is not
33	26		entitled to additional compensation. This subsection does not
34	27		[Nothing herein shall] prevent a commissioners court of a county
35	28		from contracting with another commissioners court to pay expenses
36	29		and reimburse compensation paid by a county to an attorney [for the
37	30		state] who is appointed to perform additional duties.
38	31		(b-1) An attorney for the state who is not disqualified to
39	32		act may request the court to permit the attorney's recusal [him to
40	33		recuse himself] in a case for good cause, and on [upon] approval by
41	34		the court the attorney is disqualified.
42	35		(d) In this article, "attorney for the state" means a county
43	36		attorney with criminal jurisdiction, a district attorney, or a
44	37		criminal district attorney.
45	38		SECTION 2. Chapter 20, Code of Criminal Procedure, is
46	39		amended by adding Article 20.013 to read as follows:
47	40		Art. 20.013. WHO MAY BE INVESTIGATED. (a) Except as
48	41		provided by Subsection (b), a grand jury may not investigate a
49	42		person who is accused or suspected of an offense and may not vote to
50	43		present an indictment for the offense if the person has previously
51	44		been investigated by a grand jury for the same offense and that
52	45		grand jury found no bill of indictment.
53	46		(b) A grand jury may investigate, and may present an
54	47		indictment with respect to, a person described by Subsection (a)
55	48		only if the attorney representing the state establishes in an ex
56	49		parte hearing that it is in the interest of justice that the person
57	50		be investigated by a subsequent grand jury for the same offense.
58	51		SECTION 3. Article 27.03, Code of Criminal Procedure, is
59	52		amended to read as follows:
60	53		Art. 27.03. MOTION TO SET ASIDE INDICTMENT. In addition to
61	54		any other grounds authorized by law, a motion to set aside an
62	55		indictment or information may be based on the following:
63	56		1. That it appears by the records of the court that the
64	57		indictment was not found by at least nine grand jurors, or that the
65	58		information was not based upon a valid complaint;
66	59		2. That some person not authorized by law was present when
67	60		the grand jury was deliberating upon the accusation against the
68	61		defendant, or was voting upon the same; [and]
69	62		3. That the grand jury was illegally impaneled; provided,
70	63		however, in order to raise such question on motion to set aside the
71	64		indictment, the defendant must show that the defendant [he] did not
72	65		have an opportunity to challenge the array at the time the grand
73	66		jury was impaneled; and
74	67		4. That the grand jury improperly investigated a person in
75	68		violation of Article 20.013.
76	69		SECTION 4. Article 52.09(c), Code of Criminal Procedure, is
77	70		amended to read as follows:
78	71		(c) An attorney pro tem appointed under Article 52.01(d) [of
79	72		this code] is entitled to compensation in the same amount and manner
80	73		as an attorney appointed to represent an indigent person [pro tem
81	74		appointed under Article 2.07 of this code]. The district judge
82	75		shall set the compensation of the attorney pro tem based on the
83	76		sworn testimony of the attorney or other evidence that is given in
84	77		open court.
85	78		SECTION 5. Section 574.004, Government Code, is amended to
86	79		read as follows:
87	80		Sec. 574.004. ASSISTANCE BY ATTORNEY GENERAL. This
88	81		[Nothing in this] chapter does not [shall] prevent the attorney
89	82		general from providing assistance to district attorneys, criminal
90	83		district attorneys, and county attorneys on request by allowing
91	84		assistant attorneys general to serve as duly appointed and
92	85		deputized assistant prosecutors, nor does [shall] this chapter
93	86		prohibit the appointment of an assistant attorney general as an
94	87		attorney pro tem pursuant to Article 2.07, Code of Criminal
95	88		Procedure.
96	89		SECTION 6. Articles 2.07(c), (e), (f), and (g), Code of
97	90		Criminal Procedure, are repealed.
98	91		SECTION 7. The change in law made by this Act in amending
99	92		Article 2.07, Code of Criminal Procedure, applies only to the
100	93		appointment of an attorney pro tem that occurs on or after the
101	94		effective date of this Act. The appointment of an attorney pro tem
102	95		that occurs before the effective date of this Act is governed by the
103	96		law in effect on the date the attorney pro tem was appointed, and
104	97		the former law is continued in effect for that purpose.
105	98		SECTION 8. The change in law made by this Act applies to a
106	99		grand jury impaneled on or after the effective date of this Act. A
107	100		grand jury impaneled before the effective date of this Act is
108	101		governed by the law in effect on the date the grand jury was
109	102		impaneled, and the former law is continued in effect for that
110	103		purpose.
111	104		SECTION 9. This Act takes effect September 1, 2017.
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