By: Buckingham S.B. No. 1424     A BILL TO BE ENTITLED   AN ACT   relating to criminal procedure, including grand jury proceedings   and the appointment of an attorney pro tem for certain criminal   proceedings.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Articles 2.07(a), (b), (b-1), and (d), Code of   Criminal Procedure, are amended to read as follows:          (a)  Whenever an attorney for the state is disqualified to   act in any case or proceeding, is absent from the county or   district, or is otherwise unable to perform the duties of the   attorney's [his] office, or in any instance where there is no   attorney for the state, the judge of the court in which the attorney   [he] represents the state may appoint, from any county or district,   an [any competent] attorney for the state or may appoint an   assistant attorney general to perform the duties of the office   during the absence or disqualification of the attorney for the   state.          (b)  Except as otherwise provided by this subsection, [if the   appointed attorney is also an attorney for the state,] the duties of   the appointed office are additional duties of the appointed   attorney's [his] present office, and the attorney [he] is not   entitled to additional compensation. This subsection does not   [Nothing herein shall] prevent a commissioners court of a county   from contracting with another commissioners court to pay expenses   and reimburse compensation paid by a county to an attorney [for the   state] who is appointed to perform additional duties.          (b-1)  An attorney for the state who is not disqualified to   act may request the court to permit the attorney's recusal [him to   recuse himself] in a case for good cause, and on [upon] approval by   the court the attorney is disqualified.          (d)  In this article, "attorney for the state" means a county   attorney with criminal jurisdiction, a district attorney, or a   criminal district attorney.          SECTION 2.  Chapter 20, Code of Criminal Procedure, is   amended by adding Article 20.013 to read as follows:          Art. 20.013.  WHO MAY BE INVESTIGATED. (a)  Except as   provided by Subsection (b), a grand jury may not investigate a   person who is accused or suspected of an offense and may not vote to   present an indictment for the offense if the person has previously   been investigated by a grand jury for the same offense and that   grand jury found no bill of indictment.          (b)  A grand jury may investigate, and may present an   indictment with respect to, a person described by Subsection (a)   only if the attorney representing the state establishes in an ex   parte hearing that it is in the interest of justice that the person   be investigated by a subsequent grand jury for the same offense.          SECTION 3.  Article 27.03, Code of Criminal Procedure, is   amended to read as follows:          Art. 27.03.  MOTION TO SET ASIDE INDICTMENT. In addition to   any other grounds authorized by law, a motion to set aside an   indictment or information may be based on the following:          1.  That it appears by the records of the court that the   indictment was not found by at least nine grand jurors, or that the   information was not based upon a valid complaint;          2.  That some person not authorized by law was present when   the grand jury was deliberating upon the accusation against the   defendant, or was voting upon the same; [and]          3.  That the grand jury was illegally impaneled; provided,   however, in order to raise such question on motion to set aside the   indictment, the defendant must show that the defendant [he] did not   have an opportunity to challenge the array at the time the grand   jury was impaneled; and          4.  That the grand jury improperly investigated a person in   violation of Article 20.013.          SECTION 4.  Article 52.09(c), Code of Criminal Procedure, is   amended to read as follows:          (c)  An attorney pro tem appointed under Article 52.01(d) [of   this code] is entitled to compensation in the same amount and manner   as an attorney appointed to represent an indigent person [pro tem   appointed under Article 2.07 of this code]. The district judge   shall set the compensation of the attorney pro tem based on the   sworn testimony of the attorney or other evidence that is given in   open court.          SECTION 5.  Section 574.004, Government Code, is amended to   read as follows:          Sec. 574.004.  ASSISTANCE BY ATTORNEY GENERAL. This   [Nothing in this] chapter does not [shall] prevent the attorney   general from providing assistance to district attorneys, criminal   district attorneys, and county attorneys on request by allowing   assistant attorneys general to serve as duly appointed and   deputized assistant prosecutors, nor does [shall] this chapter   prohibit the appointment of an assistant attorney general as an   attorney pro tem pursuant to Article 2.07, Code of Criminal   Procedure.          SECTION 6.  Articles 2.07(c), (e), (f), and (g), Code of   Criminal Procedure, are repealed.          SECTION 7.  The change in law made by this Act in amending   Article 2.07, Code of Criminal Procedure, applies only to the   appointment of an attorney pro tem that occurs on or after the   effective date of this Act. The appointment of an attorney pro tem   that occurs before the effective date of this Act is governed by the   law in effect on the date the attorney pro tem was appointed, and   the former law is continued in effect for that purpose.          SECTION 8.  The change in law made by this Act applies to a   grand jury impaneled on or after the effective date of this Act.  A   grand jury impaneled before the effective date of this Act is   governed by the law in effect on the date the grand jury was   impaneled, and the former law is continued in effect for that   purpose.          SECTION 9.  This Act takes effect September 1, 2017.