BILL ANALYSIS S.B. 1379 By: Wentworth Criminal Justice 04-10-95 Committee Report (Amended) BACKGROUND The prosecutor assistance division of the Office of the Attorney General has provided technical and specialized assistance to local prosecutors across the state. Currently, although these actions are taking place, there is no statutory provision which allows the division to assist as a duly appointed assistant prosecutor, or as an attorney pro tem. PURPOSE As proposed, S.B. 1379 authorizes the attorney general's office to provide technical and legal assistance as an appointed assistant prosecutor or as an attorney pro tem, upon the request of a local prosecuting attorney. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2.07, Texas Code of Criminal Procedure, by adding Subsections (e) and (f), to define "attorney for the state" and "competent attorney" to include an assistant Texas attorney general. SECTION 2. Amends Chapter 402, Government Code, by adding Section 402.028, as follows: Sec. 402.028. ASSISTANCE TO PROSECUTING ATTORNEYS. (a) Authorizes the attorney general to provide assistance in the prosecution of all manner of criminal cases, including participation by an assistant attorney general as an assistant prosecutor when so appointed by the district attorney, criminal district attorney or county attorney. (b) Authorizes a district attorney, criminal district attorney or county attorney to appoint and deputize an assistant attorney general as assistant prosecutor to provide assistance in the prosecution of criminal cases. (c) Provides that nothing in this section shall prohibit an assistant attorney general from appointment as attorney pro tem under the provision of Article 2.07 of the Code of Criminal Procedure. SECTION 3. Amends Section 41.102, Government Code, to make conforming changes. SECTION 4. Amends Article 6252-9a, V.T.C.S., by adding Section 4, as follows: Sec. 4. ASSISTANCE BY ATTORNEY GENERAL. Provides that nothing in this article shall prevent the attorney general from providing assistance to district attorneys, criminal district attorneys, and county attorneys upon request by allowing assistant attorneys general to serve as duly appointed and deputized assistant prosecutors, nor shall this article prohibit the appointment of an assistant attorney general from serving as an attorney pro tem pursuant to Article 2.07, Code of Criminal Procedure. SECTION 5. Provides that moneys credited to the attorney general account and the attorney general law enforcement account are hereby appropriated. Provides that unexpended balances credited to the accounts at the end of a biennium are carried over to the next successive biennium. SECTION 6. Effective date: September 1, 1995. SECTION 7. Emergency clause.