| 2 | 9 | | |
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| 3 | 10 | | |
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| 4 | 11 | | A BILL TO BE ENTITLED |
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| 5 | 12 | | AN ACT |
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| 6 | 13 | | relating to the appointment of an attorney pro tem for certain |
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| 7 | 14 | | criminal proceedings. |
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| 8 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 16 | | SECTION 1. Articles 2.07(a), (b), (b-1), and (d), Code of |
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| 10 | 17 | | Criminal Procedure, are amended to read as follows: |
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| 11 | 18 | | (a) Whenever an attorney for the state is disqualified to |
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| 12 | 19 | | act in any case or proceeding, is absent from the county or |
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| 13 | 20 | | district, or is otherwise unable to perform the duties of the |
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| 14 | 21 | | attorney's [his] office, or in any instance where there is no |
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| 15 | 22 | | attorney for the state, the judge of the court in which the attorney |
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| 16 | 23 | | [he] represents the state may appoint, from any county or district, |
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| 17 | 24 | | an [any competent] attorney for the state or may appoint an |
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| 18 | 25 | | assistant attorney general to perform the duties of the office |
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| 19 | 26 | | during the absence or disqualification of the attorney for the |
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| 20 | 27 | | state. |
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| 21 | 28 | | (b) Except as otherwise provided by this subsection, [if the |
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| 22 | 29 | | appointed attorney is also an attorney for the state,] the duties of |
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| 23 | 30 | | the appointed office are additional duties of the appointed |
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| 24 | 31 | | attorney's [his] present office, and the attorney [he] is not |
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| 25 | 32 | | entitled to additional compensation. This subsection does not |
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| 26 | 33 | | [Nothing herein shall] prevent a commissioners court of a county |
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| 27 | 34 | | from contracting with another commissioners court to pay expenses |
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| 28 | 35 | | and reimburse compensation paid by a county to an attorney [for the |
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| 29 | 36 | | state] who is appointed to perform additional duties. |
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| 30 | 37 | | (b-1) An attorney for the state who is not disqualified to |
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| 31 | 38 | | act may request the court to permit the attorney's recusal [him to |
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| 32 | 39 | | recuse himself] in a case for good cause, and on [upon] approval by |
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| 33 | 40 | | the court the attorney is disqualified. |
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| 34 | 41 | | (d) In this article, "attorney for the state" means a county |
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| 35 | 42 | | attorney with criminal jurisdiction, a district attorney, or a |
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| 36 | 43 | | criminal district attorney. |
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| 37 | 44 | | SECTION 2. Article 52.09(c), Code of Criminal Procedure, is |
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| 38 | 45 | | amended to read as follows: |
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| 39 | 46 | | (c) An attorney pro tem appointed under Article 52.01(d) [of |
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| 40 | 47 | | this code] is entitled to compensation in the same amount and manner |
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| 41 | 48 | | as an attorney appointed to represent an indigent person [pro tem |
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| 42 | 49 | | appointed under Article 2.07 of this code]. The district judge |
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| 43 | 50 | | shall set the compensation of the attorney pro tem based on the |
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| 44 | 51 | | sworn testimony of the attorney or other evidence that is given in |
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| 45 | 52 | | open court. |
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| 46 | 53 | | SECTION 3. Section 574.004, Government Code, is amended to |
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| 47 | 54 | | read as follows: |
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| 48 | 55 | | Sec. 574.004. ASSISTANCE BY ATTORNEY GENERAL. This |
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| 49 | 56 | | [Nothing in this] chapter does not [shall] prevent the attorney |
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| 50 | 57 | | general from providing assistance to district attorneys, criminal |
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| 51 | 58 | | district attorneys, and county attorneys on request by allowing |
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| 52 | 59 | | assistant attorneys general to serve as duly appointed and |
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| 53 | 60 | | deputized assistant prosecutors, nor does [shall] this chapter |
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| 54 | 61 | | prohibit the appointment of an assistant attorney general as an |
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| 55 | 62 | | attorney pro tem pursuant to Article 2.07, Code of Criminal |
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| 56 | 63 | | Procedure. |
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| 57 | 64 | | SECTION 4. Articles 2.07(c), (e), (f), and (g), Code of |
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| 58 | 65 | | Criminal Procedure, are repealed. |
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| 59 | 66 | | SECTION 5. The change in law made by this Act in amending |
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| 60 | 67 | | Article 2.07, Code of Criminal Procedure, applies only to the |
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| 61 | 68 | | appointment of an attorney pro tem that occurs on or after the |
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| 62 | 69 | | effective date of this Act. The appointment of an attorney pro tem |
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| 63 | 70 | | that occurs before the effective date of this Act is governed by the |
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| 64 | 71 | | law in effect on the date the attorney pro tem was appointed, and |
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| 65 | 72 | | the former law is continued in effect for that purpose. |
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| 66 | 73 | | SECTION 6. This Act takes effect September 1, 2017. |
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