What changed in HF 862
The bill as introduced, compared with the version both chambers passed (91st General Assembly). 2 adopted amendments account for the changes.
1 passage reworded, 2 added and 3 removed; 8 of 14 unchanged.
Removed AddedIntroduced textText as passedAmendments
Compares wording only. The printed bills also mark changes to existing law with strikes and underlines, which aren’t shown here.
Section 1. Section 331.755, Code 2025, is amended to read as follows: 331.755 Prohibited actions.
6 unchanged passages
1. A county attorney shall not:
1.
a. Accept a fee or reward from or on behalf of a person for services rendered in a prosecution or the conduct of official business.
2.
b. Engage directly or indirectly as an attorney or an agent for a party other than the state or the county in an action or proceeding arising in the county which that is based upon substantially the same facts as a prosecution or proceeding which that has been commenced or prosecuted by the county attorney in the name of the state or the county. This prohibition also applies to the members of a law firm with which the county attorney is associated.
3.
c. Receive assistance from another attorney who is interested in any civil action in which a recovery is asked based upon matters involved in a criminal prosecution commenced or prosecuted by the county attorney.
d. Jointly represent the county, the board of supervisors, or any other county official if a conflict of interest exists between the parties.
e. Engage in any other type of legal representation that creates a conflict of interest with the county, the board of supervisors, or any other county official.
2. A board of supervisors may, with a majority vote of the board, obtain outside counsel when there is a dispute between the county attorney and to represent the board of supervisors or any other county official.
Sec.
3. If a county sheriff reasonably believes that a conflict of interest exists with the county attorney and the board of supervisors refuses to act, the county sheriff may, through notice pleadings, petition a district court for a determination of whether a conflict exists and request a stay on any pending proceedings. The district court shall issue a ruling on the merits within thirty days and may authorize the county sheriff to retain outside counsel to represent the county sheriff or issue any other order in the interest of justice. All court costs and expenses shall be paid by the county.
2. EFFECTIVE DATE. This Act, being deemed of immediate importance, takes effect upon enactment.