BILL ANALYSIS

S.B. 341

By: Huffman

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

There have been calls to revise the eligibility of certain prosecutors to serve as an attorney pro tem in certain criminal proceedings. S.B. 341 seeks to answer these calls by limiting the prosecutors that may serve as an attorney pro tem.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 341 amends the Code of Criminal Procedure to limit the county attorneys that may be appointed to serve as an attorney pro tem to a county attorney with criminal jurisdiction and clarifies that an attorney pro tem may be appointed from any county or district. The bill specifies that the compensation to which an attorney pro tem appointed by a district judge to assist in the conduct of a court of inquiry is entitled is compensation in the same amount and manner as an attorney appointed to represent an indigent person.

S.B. 341 amends the Government Code to make nonsubstantive changes.

S.B. 341 repeals Articles 2.07(c), (e), (f), and (g), Code of Criminal Procedure.  

EFFECTIVE DATE

September 1, 2019.