By: Huffman S.B. No. 2189
(In the Senate - Filed March 10, 2017; March 29, 2017, read
first time and referred to Committee on State Affairs;
April 12, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 12, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2189 By: Hughes
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of an attorney pro tem for certain
criminal proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 2.07(a), (b), (b-1), and (d), Code of
Criminal Procedure, are amended to read as follows:
(a) Whenever an attorney for the state is disqualified to
act in any case or proceeding, is absent from the county or
district, or is otherwise unable to perform the duties of the
attorney's [his] office, or in any instance where there is no
attorney for the state, the judge of the court in which the attorney
[he] represents the state may appoint, from any county or district,
an [any competent] attorney for the state or may appoint an
assistant attorney general to perform the duties of the office
during the absence or disqualification of the attorney for the
state.
(b) Except as otherwise provided by this subsection, [if the
appointed attorney is also an attorney for the state,] the duties of
the appointed office are additional duties of the appointed
attorney's [his] present office, and the attorney [he] is not
entitled to additional compensation. This subsection does not
[Nothing herein shall] prevent a commissioners court of a county
from contracting with another commissioners court to pay expenses
and reimburse compensation paid by a county to an attorney [for the
state] who is appointed to perform additional duties.
(b-1) An attorney for the state who is not disqualified to
act may request the court to permit the attorney's recusal [him to
recuse himself] in a case for good cause, and on [upon] approval by
the court the attorney is disqualified.
(d) In this article, "attorney for the state" means a county
attorney with criminal jurisdiction, a district attorney, or a
criminal district attorney.
SECTION 2. Article 52.09(c), Code of Criminal Procedure, is
amended to read as follows:
(c) An attorney pro tem appointed under Article 52.01(d) [of
this code] is entitled to compensation in the same amount and manner
as an attorney appointed to represent an indigent person [pro tem
appointed under Article 2.07 of this code]. The district judge
shall set the compensation of the attorney pro tem based on the
sworn testimony of the attorney or other evidence that is given in
open court.
SECTION 3. Section 574.004, Government Code, is amended to
read as follows:
Sec. 574.004. ASSISTANCE BY ATTORNEY GENERAL. This
[Nothing in this] chapter does not [shall] prevent the attorney
general from providing assistance to district attorneys, criminal
district attorneys, and county attorneys on request by allowing
assistant attorneys general to serve as duly appointed and
deputized assistant prosecutors, nor does [shall] this chapter
prohibit the appointment of an assistant attorney general as an
attorney pro tem pursuant to Article 2.07, Code of Criminal
Procedure.
SECTION 4. Articles 2.07(c), (e), (f), and (g), Code of
Criminal Procedure, are repealed.
SECTION 5. The change in law made by this Act in amending
Article 2.07, Code of Criminal Procedure, applies only to the
appointment of an attorney pro tem that occurs on or after the
effective date of this Act. The appointment of an attorney pro tem
that occurs before the effective date of this Act is governed by the
law in effect on the date the attorney pro tem was appointed, and
the former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2017.
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