| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the disqualification of a prosecuting attorney or judge |
|
|
in a case investigated by the public integrity unit of the Texas |
|
|
Rangers. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Section 411.0255, Government |
|
|
Code, is amended to read as follows: |
|
|
Sec. 411.0255. DISQUALIFICATION [RECUSAL] OF PROSECUTING |
|
|
ATTORNEY OR JUDGE; SELECTION OF PROSECUTING ATTORNEY BY PRESIDING |
|
|
JUDGE OF ADMINISTRATIVE JUDICIAL REGION. |
|
|
SECTION 2. Section 411.0255, Government Code, is amended by |
|
|
amending Subsections (a) and (c) and adding Subsections (b-1), |
|
|
(b-2), (b-3), (b-4), and (c-1) to read as follows: |
|
|
(a) In this section, "presiding judges" means the presiding |
|
|
judges of the administrative judicial regions. |
|
|
(b-1) The judge of a court with jurisdiction over a |
|
|
complaint may request that the presiding judges permit the judge to |
|
|
recuse himself or herself for good cause in a case investigated |
|
|
under this subchapter, and on submitting the notice of recusal, the |
|
|
judge is disqualified. |
|
|
(b-2) The public integrity unit shall inform the judge of |
|
|
the court with jurisdiction over a complaint if the prosecuting |
|
|
attorney is disqualified for purposes of Article 2.07, Code of |
|
|
Criminal Procedure, because the prosecuting attorney is the subject |
|
|
of a criminal investigation under this subchapter based on credible |
|
|
evidence of criminal misconduct. On showing that the prosecuting |
|
|
attorney is the subject of the investigation, the judge shall order |
|
|
the prosecuting attorney disqualified under Article 2.08, Code of |
|
|
Criminal Procedure. |
|
|
(b-3) If the judge of the court with jurisdiction over a |
|
|
complaint described by Subsection (b-2) is also disqualified, the |
|
|
public integrity unit shall inform the presiding judges of the |
|
|
prosecuting attorney's disqualification under that subsection. |
|
|
(b-4) The public integrity unit shall inform the presiding |
|
|
judges if a judge of a court with jurisdiction over a complaint is |
|
|
disqualified because the judge is the subject of a criminal |
|
|
investigation under this subchapter based on credible evidence of |
|
|
criminal misconduct. On showing that the judge is the subject of |
|
|
the investigation, the presiding judges shall order the judge |
|
|
disqualified. Disqualification under this subsection applies only |
|
|
to the judge's access to the criminal investigation pending against |
|
|
the judge and to any prosecution of a criminal charge resulting from |
|
|
that investigation. |
|
|
(c) Following the disqualification or recusal of a |
|
|
prosecuting attorney under this section [Subsection (b)], the |
|
|
presiding judges shall appoint a prosecuting attorney from another |
|
|
county in that administrative judicial region by majority vote. A |
|
|
prosecuting attorney selected under this subsection has the |
|
|
authority to represent the state in the prosecution of the offense. |
|
|
(c-1) Following the disqualification of a judge of a court |
|
|
with jurisdiction over a complaint under this section, the |
|
|
presiding judges by majority vote shall appoint a judge from a |
|
|
county within the administrative judicial region. A judge selected |
|
|
under this subsection has jurisdiction over the complaint. |
|
|
SECTION 3. The change in law made by this Act to Section |
|
|
411.0255, Government Code, applies to a case investigated by the |
|
|
public integrity unit of the Texas Rangers initiated or pending |
|
|
before a court on or after the effective date of this Act. |
|
|
SECTION 4. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2019. |
|
|
|
|
|
* * * * * |