| 1 | 1 | | 88R20656 EAS-F |
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| 2 | 2 | | By: Spiller, et al. H.B. No. 1130 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a district or county attorney participating as counsel |
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| 8 | 8 | | in certain proceedings. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 2.08(a), Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) District and county attorneys shall not be of counsel |
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| 13 | 13 | | adversely to the State in any case, in any court, except as an |
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| 14 | 14 | | attorney ad litem appointed under Chapter 262, Family Code, nor |
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| 15 | 15 | | shall they, after they cease to be district or county attorneys |
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| 16 | 16 | | [such officers], be of counsel adversely to the State in any case in |
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| 17 | 17 | | which they have been of counsel for the State. |
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| 18 | 18 | | SECTION 2. The change in law made by this Act applies only |
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| 19 | 19 | | to the prosecution of an offense committed on or after the effective |
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| 20 | 20 | | date of this Act. The prosecution of an offense committed before |
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| 21 | 21 | | the effective date of this Act is governed by the law in effect on |
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| 22 | 22 | | the date the offense was committed, and the former law is continued |
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| 23 | 23 | | in effect for that purpose. For purposes of this section, an |
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| 24 | 24 | | offense was committed before the effective date of this Act if any |
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| 25 | 25 | | element of the offense occurred before that date. |
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| 26 | 26 | | SECTION 3. This Act takes effect September 1, 2023. |
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