By: West S.B. No. 1103
A BILL TO BE ENTITLED
AN ACT
1-1 relating to prosecutor assistance by the Office of the Attorney
1-2 General of Texas.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 2.07, Texas Code of Criminal Procedure,
1-5 is amended by amending subsection (d) to read as follows:
1-6 (d) In subsections (b) and (c) of this article, "attorney
1-7 for the state" means a county attorney, a district attorney, <or> a
1-8 criminal district attorney, or the Attorney General.
1-9 SECTION 2. Chapter 402 of the Texas Government Code is
1-10 amended by adding Section 402.028 as follows:
1-11 Section 402.028. Assistance to Prosecuting Attorneys:
1-12 (a) At the request of a district attorney, criminal district
1-13 attorney or county attorney, the Attorney General may provide
1-14 assistance in the prosecution of all manner of criminal cases,
1-15 including participation as an assistant prosecutor when so
1-16 appointed by the district attorney, criminal district attorney or
1-17 county attorney.
1-18 (b) A district attorney, criminal district attorney or
1-19 county attorney may appoint and deputize the Attorney General or
1-20 his or her assistant attorneys general as assistant prosecutor to
1-21 provide assistance in the prosecution of criminal cases, including
1-22 the performance of any duty imposed by law upon the district
1-23 attorney, criminal district attorney or county attorney.
2-1 (c) Nothing in this section shall prohibit the Attorney
2-2 General from appointment as attorney pro tem under provision of
2-3 Article 2.07 of the Code of Criminal Procedure.
2-4 SECTION 3. Section 41.102 of the Texas Government code is
2-5 amended to read follows:
2-6 Section 41.102. Employment of Assistants and Personnel:
2-7 (a) A prosecuting attorney may employ the assistant
2-8 prosecuting attorneys, investigators, secretaries, and other office
2-9 personnel that in his judgment are required for the proper and
2-10 efficient operation and administration of the office.
2-11 (b) A prosecuting attorney may request the assistance of the
2-12 Attorney General in the prosecution of all manner of criminal cases
2-13 or in performing any duty imposed by law upon the prosecuting
2-14 attorney. In requesting such assistance, a prosecuting attorney
2-15 may appoint the Attorney General or his or her assistant attorneys
2-16 general as assistant prosecuting attorneys.
2-17 SECTION 4. Article 6252-9a of the Texas Revised Civil
2-18 Statutes is amended by adding Section 4 to read as follows:
2-19 Section 4. Nothing in this article shall prevent the
2-20 Attorney General from providing assistance upon request to district
2-21 attorneys, criminal district attorneys and county attorneys in the
2-22 prosecution of all manner of criminal cases as a duly appointed and
2-23 deputized assistant prosecutor nor shall it prohibit the Attorney
2-24 General from serving as attorney pro tem pursuant to Article 2.07
2-25 of the Texas Code of Criminal Procedure.
3-1 SECTION 5. This act takes effect September 1, 1993.
3-2 SECTION 6. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended.