1-1 By: Wentworth S.B. No. 1379
1-2 (In the Senate - Filed March 13, 1995; March 20, 1995, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 5, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 7, Nays 0; April 5, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Moncrief
1-7 Amend S.B. No. 1379 as follows:
1-8 Strike SECTION 1 on page 1 and substitute the following:
1-9 "SECTION 1. Article 2.07, Code of Criminal Procedure, is
1-10 amended by adding Subsections (e) and (f) to read as follows:
1-11 (e) In Subsections (b) and (c) of this article, "attorney
1-12 for the state" includes an assistant attorney general.
1-13 (f) In Subsection (a) of this article, "competent attorney"
1-14 includes an assistant attorney general."
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; making an appropriation.
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 an assistant 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 by an assistant attorney general as an assistant
1-32 prosecutor when so appointed by the district attorney, criminal
1-33 district attorney, or county attorney.
1-34 (b) A district attorney, criminal district attorney, or
1-35 county attorney may appoint and deputize an assistant attorney
1-36 general as assistant prosecutor to provide assistance in the
1-37 prosecution of criminal cases, including the performance of any
1-38 duty imposed by law on the district attorney, criminal district
1-39 attorney, or county attorney.
1-40 (c) Nothing in this section shall prohibit an assistant
1-41 attorney general from appointment as attorney pro tem under the
1-42 provisions of Article 2.07, Code of Criminal Procedure.
1-43 SECTION 3. Section 41.102, Government Code, is amended to
1-44 read as follows:
1-45 Sec. 41.102. EMPLOYMENT OF ASSISTANTS AND PERSONNEL. (a) A
1-46 prosecuting attorney may employ the assistant prosecuting
1-47 attorneys, investigators, secretaries, and other office personnel
1-48 that in his judgment are required for the proper and efficient
1-49 operation and administration of the office.
1-50 (b) A prosecuting attorney may request the assistance of the
1-51 attorney general in the prosecution of all manner of criminal cases
1-52 or in performing any duty imposed by law on the prosecuting
1-53 attorney. In requesting such assistance, a prosecuting attorney
1-54 may appoint any assistant attorney general as an assistant
1-55 prosecuting attorney.
1-56 SECTION 4. Chapter 574, Government Code, is amended by
1-57 adding Section 574.004 to read as follows:
1-58 Sec. 574.004. ASSISTANCE BY ATTORNEY GENERAL. Nothing in
1-59 this chapter shall prevent the attorney general from providing
1-60 assistance to district attorneys, criminal district attorneys, and
1-61 county attorneys on request by allowing assistant attorneys general
1-62 to serve as duly appointed and deputized assistant prosecutors, nor
1-63 shall this chapter prohibit the appointment of an assistant
1-64 attorney general as an attorney pro tem pursuant to Article 2.07,
1-65 Code of Criminal Procedure.
1-66 SECTION 5. Money credited to the attorney general account
1-67 and the attorney general law enforcement account are hereby
1-68 appropriated. Unexpended balances credited to the accounts at the
2-1 end of a biennium are carried over to the next successive biennium.
2-2 SECTION 6. This Act takes effect September 1, 1995.
2-3 SECTION 7. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended.
2-8 * * * * *