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A BILL TO BE ENTITLED
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AN ACT
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relating to a district or county attorney participating as counsel |
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in certain proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 2.08(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) District and county attorneys shall not be of counsel |
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adversely to the State in any case, in any court, except as an |
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attorney ad litem appointed under Chapter 262, Family Code, nor |
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shall they, after they cease to be district or county attorneys |
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[such officers], be of counsel adversely to the State in any case in |
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which they have been of counsel for the State. |
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SECTION 2. The change in law made by this Act applies only |
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to the prosecution of an offense committed on or after the effective |
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date of this Act. The prosecution of an offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, an |
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offense was committed before the effective date of this Act if any |
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element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2023. |