Amends TCA Title 8, Chapter 7.
SUFFICIENT ADDITIONAL PROSECUTORIAL PERSONNEL Present law provides that each district attorney general must prosecute in the courts of the district all violations of the state criminal statutes and perform all prosecutorial functions, including prosecuting cases in a municipal court where the municipality provides sufficient personnel to the district attorney general for that purpose. This bill amends the above provision to provide, instead, that each district attorney general must prosecute in the courts of the district all violations of the state criminal statutes and perform such prosecutorial functions, including prosecuting cases in a municipal court only where the municipality provides sufficient additional prosecutorial personnel of at least one assistant district attorney general position initially funded at entry level compensation and thereafter compensated in accordance with present law, or the continuing funding equivalent to the district attorney general for that purpose. Additionally, this bill provides that the necessity and sufficiency of additional prosecutorial personnel to be provided by the municipality is determined by and in the sole and exclusive discretion of the district attorney general. DISTRICT ATTORNEY GENERAL DISCRETION Present law provides that each district attorney general must have discretion in the performance of duties and responsibilities in the allocation of resources available to such district attorney general, any other law notwithstanding. This bill amends the above provision to provide, instead, that, notwithstanding another law to the contrary, each district attorney general must have absolute discretion in the performance of duties and responsibilities in the allocation of all investigatory, prosecutorial, administrative, staffing, and fiscal resources available to the district attorney general.
SUFFICIENT ADDITIONAL PROSECUTORIAL PERSONNEL Present law provides that each district attorney general must prosecute in the courts of the district all violations of the state criminal statutes and perform all prosecutorial functions, including prosecuting cases in a municipal court where the municipality provides sufficient personnel to the district attorney general for that purpose. This bill amends the above provision to provide, instead, that each district attorney general must prosecute in the courts of the district all violations of the state criminal statutes and perform such prosecutorial functions, including prosecuting cases in a municipal court only where the municipality provides sufficient additional prosecutorial personnel of at least one assistant district attorney general position initially funded at entry level compensation and thereafter compensated in accordance with present law, or the continuing funding equivalent to the district attorney general for that purpose. Additionally, this bill provides that the necessity and sufficiency of additional prosecutorial personnel to be provided by the municipality is determined by and in the sole and exclusive discretion of the district attorney general. DISTRICT ATTORNEY GENERAL DISCRETION Present law provides that each district attorney general must have discretion in the performance of duties and responsibilities in the allocation of resources available to such district attorney general, any other law notwithstanding. This bill amends the above provision to provide, instead, that, notwithstanding another law to the contrary, each district attorney general must have absolute discretion in the performance of duties and responsibilities in the allocation of all investigatory, prosecutorial, administrative, staffing, and fiscal resources available to the district attorney general.
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