1-1 By: West S.B. No. 1103
1-2 (In the Senate - Filed March 12, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 28, 1993, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; April 28, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Whitmire x
1-9 Brown x
1-10 Nelson x
1-11 Sibley x
1-12 Sims x
1-13 Turner x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to prosecutor assistance by the Office of the Attorney
1-18 General of Texas.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Subsection (d), Article 2.07, Code of Criminal
1-21 Procedure, is amended to read as follows:
1-22 (d) In Subsections (b) and (c) of this article, "attorney
1-23 for the state" means a county attorney, a district attorney, <or> a
1-24 criminal district attorney, or the Attorney General.
1-25 SECTION 2. Subchapter B, Chapter 402, Government Code, is
1-26 amended by adding Section 402.028 to read as follows:
1-27 Sec. 402.028. ASSISTANCE TO PROSECUTING ATTORNEYS. (a) At
1-28 the request of a district attorney, criminal district attorney, or
1-29 county attorney, the attorney general may provide assistance in the
1-30 prosecution of all manner of criminal cases, including
1-31 participation as an assistant prosecutor when so appointed by the
1-32 district attorney, criminal district attorney, or county attorney.
1-33 (b) A district attorney, criminal district attorney, or
1-34 county attorney may appoint and deputize the attorney general or
1-35 his or her assistant attorneys general as assistant prosecutor to
1-36 provide assistance in the prosecution of criminal cases, including
1-37 the performance of any duty imposed by law on the district
1-38 attorney, criminal district attorney, or county attorney.
1-39 (c) Nothing in this section shall prohibit the attorney
1-40 general from appointment as attorney pro tem under provision of
1-41 Article 2.07, Code of Criminal Procedure.
1-42 SECTION 3. Section 41.102, Government Code, is amended to
1-43 read as follows:
1-44 Sec. 41.102. EMPLOYMENT OF ASSISTANTS AND PERSONNEL. (a) A
1-45 prosecuting attorney may employ the assistant prosecuting
1-46 attorneys, investigators, secretaries, and other office personnel
1-47 that in his judgment are required for the proper and efficient
1-48 operation and administration of the office.
1-49 (b) A prosecuting attorney may request the assistance of the
1-50 attorney general in the prosecution of all manner of criminal cases
1-51 or in performing any duty imposed by law on the prosecuting
1-52 attorney. In requesting such assistance, a prosecuting attorney
1-53 may appoint the attorney general or his or her assistant attorneys
1-54 general as assistant prosecuting attorneys.
1-55 SECTION 4. Chapter 20, Acts of the 61st Legislature, Regular
1-56 Session, 1969 (Article 6252-9a, Vernon's Texas Civil Statutes), is
1-57 amended by adding Section 3A to read as follows:
1-58 Sec. 3A. Nothing in this article shall prevent the attorney
1-59 general from providing assistance on request to district attorneys,
1-60 criminal district attorneys, and county attorneys in the
1-61 prosecution of all manner of criminal cases as a duly appointed and
1-62 deputized assistant prosecutor nor shall this article prohibit the
1-63 attorney general from serving as attorney pro tem pursuant to
1-64 Article 2.07, Code of Criminal Procedure.
1-65 SECTION 5. This Act takes effect September 1, 1993.
1-66 SECTION 6. The importance of this legislation and the
1-67 crowded condition of the calendars in both houses create an
1-68 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended.
2-3 * * * * *
2-4 Austin,
2-5 Texas
2-6 April 28, 1993
2-7 Hon. Bob Bullock
2-8 President of the Senate
2-9 Sir:
2-10 We, your Committee on Criminal Justice to which was referred S.B.
2-11 No. 1103, have had the same under consideration, and I am
2-12 instructed to report it back to the Senate with the recommendation
2-13 that it do pass and be printed.
2-14 Whitmire,
2-15 Chairman
2-16 * * * * *
2-17 WITNESSES
2-18 FOR AGAINST ON
2-19 ___________________________________________________________________
2-20 Name: Shane Phelps x
2-21 Representing: Ass. Attorney General
2-22 City: Austin
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2-24 Name: Bill Turner x
2-25 Representing: Brazos County DA
2-26 City: Bryan
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2-28 Name: Danny Hill x
2-29 Representing: TDCAA
2-30 City: Amarillo
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2-32 Name: Dwayne Pruitt x
2-33 Representing: TDCAA
2-34 City: Brownfield
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