78R6552 EMT-F
By: Keel H.B. No. 1428
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of a criminal case in which a spousal
relationship exists between the attorney representing the state and
the attorney representing the defendant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.08, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.08. DISQUALIFIED. (a) District and county
attorneys shall not be of counsel adversely to the State in any
case, in any court, nor shall they, after they cease to be such
officers, be of counsel adversely to the State in any case in which
they have been of counsel for the State.
(b) A spousal relationship between an attorney representing
the state and an attorney representing a defendant is not a cause
for disqualification unless otherwise required by this code, the
constitution of this state, or the constitution of the United
States.
SECTION 2. This Act takes effect September 1, 2003.