By: Wentworth S.B. No. 1379 A BILL TO BE ENTITLED AN ACT 1-1 relating to prosecutor assistance by the Office of the Attorney 1-2 General of Texas; making an appropriation. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Article 2.07, Code of Criminal Procedure, is 1-5 amended by adding Subsections (e) and (f) to read as follows: 1-6 (e) In Subsections (b) and (c) of this article, "attorney 1-7 for the state" includes an assistant attorney general. 1-8 (f) In Subsection (a) of this article, "competent attorney" 1-9 includes an assistant attorney general. 1-10 SECTION 2. Subchapter B, Chapter 402, Government Code, is 1-11 amended by adding Section 402.028 to read as follows: 1-12 Sec. 402.028. ASSISTANCE TO PROSECUTING ATTORNEYS. (a) At 1-13 the request of a district attorney, criminal district attorney, or 1-14 county attorney, the attorney general may provide assistance in the 1-15 prosecution of all manner of criminal cases, including 1-16 participation by an assistant attorney general as an assistant 1-17 prosecutor when so appointed by the district attorney, criminal 1-18 district attorney, or county attorney. 1-19 (b) A district attorney, criminal district attorney, or 1-20 county attorney may appoint and deputize an assistant attorney 1-21 general as assistant prosecutor to provide assistance in the 1-22 prosecution of criminal cases, including the performance of any 1-23 duty imposed by law on the district attorney, criminal district 2-1 attorney, or county attorney. 2-2 (c) Nothing in this section shall prohibit an assistant 2-3 attorney general from appointment as attorney pro tem under the 2-4 provisions of Article 2.07, Code of Criminal Procedure. 2-5 SECTION 3. Section 41.102, Government Code, is amended to 2-6 read as follows: 2-7 Sec. 41.102. EMPLOYMENT OF ASSISTANTS AND PERSONNEL. (a) A 2-8 prosecuting attorney may employ the assistant prosecuting 2-9 attorneys, investigators, secretaries, and other office personnel 2-10 that in his judgment are required for the proper and efficient 2-11 operation and administration of the office. 2-12 (b) A prosecuting attorney may request the assistance of the 2-13 attorney general in the prosecution of all manner of criminal cases 2-14 or in performing any duty imposed by law on the prosecuting 2-15 attorney. In requesting such assistance, a prosecuting attorney 2-16 may appoint any assistant attorney general as an assistant 2-17 prosecuting attorney. 2-18 SECTION 4. Chapter 574, Government Code, is amended by 2-19 adding Section 574.004 to read as follows: 2-20 Sec. 574.004. ASSISTANCE BY ATTORNEY GENERAL. Nothing in 2-21 this chapter shall prevent the attorney general from providing 2-22 assistance to district attorneys, criminal district attorneys, and 2-23 county attorneys on request by allowing assistant attorneys general 2-24 to serve as duly appointed and deputized assistant prosecutors, nor 2-25 shall this chapter prohibit the appointment of an assistant 3-1 attorney general as an attorney pro tem pursuant to Article 2.07, 3-2 Code of Criminal Procedure. 3-3 SECTION 5. Money credited to the attorney general account 3-4 and the attorney general law enforcement account are hereby 3-5 appropriated. Unexpended balances credited to the accounts at the 3-6 end of a biennium are carried over to the next successive biennium. 3-7 SECTION 6. This Act takes effect September 1, 1995. 3-8 SECTION 7. The importance of this legislation and the 3-9 crowded condition of the calendars in both houses create an 3-10 emergency and an imperative public necessity that the 3-11 constitutional rule requiring bills to be read on three several 3-12 days in each house be suspended, and this rule is hereby suspended.