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House Bill 1638 |
House Author: Aliseda |
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Effective: 9-1-11 |
Senate Sponsor: Whitmire |
House Bill 1638 amends the Code of Criminal Procedure to require a judge of a court in which a district or county attorney represents the state to declare the attorney disqualified on a showing that the attorney is the subject of a law enforcement agency's criminal investigation that is based on credible evidence of criminal misconduct for an offense that is within the attorney's authority to prosecute. The disqualification applies only to the attorney's access to the criminal investigation pending against the attorney and to any prosecution of a criminal charge resulting from that investigation.