AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

All attorneys in Texas, including prosecutors, are currently required to meet minimum continuing legal education requirements set by the State Bar of Texas.  However, interested parties express concern that there is no specific requirement for prosecutors to complete training on the subject of prosecutorial misconduct.

 

H.B. 1847 amends current law relating to continuing legal education in ethics or professional responsibility for prosecutors.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 81.113, Government Code, by adding Subsections (d) and (e), as follows:

 

(d)  Requires each county attorney or district attorney that represents this state in criminal cases, of the state bar's minimum continuing legal education requirements on legal ethics or professional responsibility for a reporting year, to complete at least one hour on ethics related to the attorney's duties as a prosecutor, including prosecutorial misconduct.

 

(e)  Requires a county attorney or district attorney to complete the continuing legal education required under Subsection (d) not later than the 180th day after the date the person initially assumes the person's duties as county attorney or district attorney.

 

SECTION 2.  Requires a person serving as a county attorney or district attorney on the effective date of this Act that is subject to Section 81.113(d), Government Code, as added by this Act, to comply with the continuing legal education requirements of that section not later than March 1, 2014.

 

SECTION 3.  Effective date:  September 1, 2013.