1-1 AN ACT
1-2 relating to the period during which a person arrested is required
1-3 to be taken before a magistrate or released on bond and to the
1-4 appointment and compensation of counsel to represent indigent
1-5 persons accused of crime.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. This Act may be known as the Texas Fair Defense
1-8 Act.
1-9 SECTION 2. Article 1.051, Code of Criminal Procedure, is
1-10 amended by amending Subsection (c) and adding Subsections (i), (j),
1-11 and (k) to read as follows:
1-12 (c) An indigent defendant is entitled to have an attorney
1-13 appointed to represent him in any adversary judicial proceeding
1-14 that may result in punishment by confinement and in any other
1-15 criminal proceeding if the court concludes that the interests of
1-16 justice require representation. Except as otherwise provided by
1-17 this subsection, if [If] an indigent defendant is entitled to and
1-18 requests appointed counsel and if adversarial judicial proceedings
1-19 have been initiated against the defendant, a [the] court or the
1-20 courts' designee authorized under Article 26.04 to appoint counsel
1-21 for indigent defendants in the county shall appoint counsel [to
1-22 represent the defendant] as soon as possible, but not later than
1-23 the end of the third working day after the date on which the court
1-24 or the courts' designee receives the defendant's request for
1-25 appointment of counsel. In a county with a population of 250,000
2-1 or more, the court or the courts' designee shall appoint counsel as
2-2 required by this subsection as soon as possible, but not later than
2-3 the end of the first working day after the date on which the court
2-4 or the courts' designee receives the defendant's request for
2-5 appointment of counsel.
2-6 (i) Except as otherwise provided by this subsection, if an
2-7 indigent defendant is entitled to and requests appointed counsel
2-8 and if adversarial judicial proceedings have not been initiated
2-9 against the defendant, a court or the courts' designee authorized
2-10 under Article 26.04 to appoint counsel for indigent defendants in
2-11 the county shall appoint counsel immediately following the
2-12 expiration of three working days after the date on which the court
2-13 or the courts' designee receives the defendant's request for
2-14 appointment of counsel. If adversarial judicial proceedings are
2-15 initiated against the defendant before the expiration of the three
2-16 working days, the court or the courts' designee shall appoint
2-17 counsel as provided by Subsection (c). In a county with a
2-18 population of 250,000 or more, the court or the courts' designee
2-19 shall appoint counsel as required by this subsection immediately
2-20 following the expiration of one working day after the date on which
2-21 the court or the courts' designee receives the defendant's request
2-22 for appointment of counsel. If adversarial judicial proceedings
2-23 are initiated against the defendant before the expiration of the
2-24 one working day, the court or the courts' designee shall appoint
2-25 counsel as provided by Subsection (c).
2-26 (j) Notwithstanding any other provision of this section, if
3-1 an indigent defendant is released from custody prior to the
3-2 appointment of counsel under this section, appointment of counsel
3-3 is not required until the defendant's first court appearance or
3-4 when adversarial judicial proceedings are initiated, whichever
3-5 comes first.
3-6 (k) A court or the courts' designee may without unnecessary
3-7 delay appoint new counsel to represent an indigent defendant for
3-8 whom counsel is appointed under Subsection (c) or (i) if:
3-9 (1) the defendant is subsequently charged in the case
3-10 with an offense different from the offense with which the defendant
3-11 was initially charged; and
3-12 (2) good cause to appoint new counsel is stated on the
3-13 record as required by Article 26.04(j)(2).
3-14 SECTION 3. Subsection (a), Article 14.06, Code of Criminal
3-15 Procedure, is amended to read as follows:
3-16 (a) Except as provided by Subsection (b), in each case
3-17 enumerated in this Code, the person making the arrest or the person
3-18 having custody of the person arrested shall take the person
3-19 arrested or have him taken without unnecessary delay, but not later
3-20 than 48 hours after the person is arrested, before the magistrate
3-21 who may have ordered the arrest, before some magistrate of the
3-22 county where the arrest was made without an order, or, if necessary
3-23 to provide more expeditiously to the person arrested the warnings
3-24 described by Article 15.17 of this Code, before a magistrate in a
3-25 county bordering the county in which the arrest was made. The
3-26 magistrate shall immediately perform the duties described in
4-1 Article 15.17 of this Code.
4-2 SECTION 4. Article 15.17, Code of Criminal Procedure, is
4-3 amended by amending Subsection (a) and adding Subsections (e) and
4-4 (f) to read as follows:
4-5 (a) In each case enumerated in this Code, the person making
4-6 the arrest or the person having custody of the person arrested
4-7 shall without unnecessary delay, but not later than 48 hours after
4-8 the person is arrested, take the person arrested or have him taken
4-9 before some magistrate of the county where the accused was arrested
4-10 or, if necessary to provide more expeditiously to the person
4-11 arrested the warnings described by this article, before a
4-12 magistrate in a county bordering the county in which the arrest was
4-13 made. The arrested person may be taken before the magistrate in
4-14 person or the image of the arrested person may be broadcast by
4-15 closed circuit television to the magistrate. The magistrate shall
4-16 inform in clear language the person arrested, either in person or
4-17 by closed circuit television, of the accusation against him and of
4-18 any affidavit filed therewith, of his right to retain counsel, of
4-19 his right to remain silent, of his right to have an attorney
4-20 present during any interview with peace officers or attorneys
4-21 representing the state, of his right to terminate the interview at
4-22 any time, [of his right to request the appointment of counsel if he
4-23 is indigent and cannot afford counsel,] and of his right to have an
4-24 examining trial. The magistrate shall also inform the person
4-25 arrested of the person's right to request the appointment of
4-26 counsel if the person cannot afford counsel. The magistrate shall
5-1 inform the person arrested of the procedures for requesting
5-2 appointment of counsel. If the person does not speak and
5-3 understand the English language or is deaf, the magistrate shall
5-4 inform the person in a manner consistent with Articles 38.30 and
5-5 38.31, as appropriate. The magistrate shall ensure that reasonable
5-6 assistance in completing the necessary forms for requesting
5-7 appointment of counsel is provided to the person at the same time.
5-8 If the person arrested is indigent and requests appointment of
5-9 counsel and if the magistrate is authorized under Article 26.04 to
5-10 appoint counsel for indigent defendants in the county, the
5-11 magistrate shall appoint counsel in accordance with Article 1.051.
5-12 If the magistrate is not authorized to appoint counsel, the
5-13 magistrate shall without unnecessary delay, but not later than 24
5-14 hours after the person arrested requests appointment of counsel,
5-15 transmit, or cause to be transmitted to the court or to the courts'
5-16 designee authorized under Article 26.04 to appoint counsel in the
5-17 county, the forms requesting the appointment of counsel. The
5-18 magistrate [He] shall also inform the person arrested that he is
5-19 not required to make a statement and that any statement made by him
5-20 may be used against him. The magistrate shall allow the person
5-21 arrested reasonable time and opportunity to consult counsel and
5-22 shall admit the person arrested to bail if allowed by law. A
5-23 closed circuit television system may not be used under this
5-24 subsection unless the system provides for a two-way communication
5-25 of image and sound between the arrested person and the magistrate.
5-26 A recording of the communication between the arrested person and
6-1 the magistrate shall be made. The recording shall be preserved
6-2 until the earlier of the following dates: (1) the date on which
6-3 the pretrial hearing ends; or (2) the 91st day after the date on
6-4 which the recording is made if the person is charged with a
6-5 misdemeanor or the 120th day after the date on which the recording
6-6 is made if the person is charged with a felony. The counsel for
6-7 the defendant may obtain a copy of the recording on payment of a
6-8 reasonable amount to cover costs of reproduction.
6-9 (e) In each case in which a person arrested is taken before
6-10 a magistrate as required by Subsection (a), a record shall be made
6-11 of:
6-12 (1) the magistrate informing the person of the
6-13 person's right to request appointment of counsel;
6-14 (2) the magistrate asking the person whether the
6-15 person wants to request appointment of counsel; and
6-16 (3) whether the person requested appointment of
6-17 counsel.
6-18 (f) A record required under Subsection (e) may consist of
6-19 written forms, electronic recordings, or other documentation as
6-20 authorized by procedures adopted in the county under Article
6-21 26.04(a).
6-22 SECTION 5. (a) Chapter 17, Code of Criminal Procedure, is
6-23 amended by adding Article 17.033 to read as follows:
6-24 Art. 17.033. RELEASE ON BOND OF CERTAIN PERSONS ARRESTED
6-25 WITHOUT A WARRANT. (a) Except as provided by Subsection (c), a
6-26 person who is arrested without a warrant and who is detained in
7-1 jail must be released on bond, in an amount not to exceed $5,000,
7-2 not later than the 24th hour after the person's arrest if the
7-3 person was arrested for a misdemeanor and a magistrate has not
7-4 determined whether probable cause exists to believe that the person
7-5 committed the offense. If the person is unable to obtain a surety
7-6 for the bond or unable to deposit money in the amount of the bond,
7-7 the person must be released on personal bond.
7-8 (b) Except as provided by Subsection (c), a person who is
7-9 arrested without a warrant and who is detained in jail must be
7-10 released on bond, in an amount not to exceed $10,000, not later
7-11 than the 48th hour after the person's arrest if the person was
7-12 arrested for a felony and a magistrate has not determined whether
7-13 probable cause exists to believe that the person committed the
7-14 offense. If the person is unable to obtain a surety for the bond
7-15 or unable to deposit money in the amount of the bond, the person
7-16 must be released on personal bond.
7-17 (c) On the filing of an application by the attorney
7-18 representing the state, a magistrate may postpone the release of a
7-19 person under Subsection (a) or (b) for not more than 72 hours after
7-20 the person's arrest. An application filed under this subsection
7-21 must state the reason a magistrate has not determined whether
7-22 probable cause exists to believe that the person committed the
7-23 offense for which the person was arrested.
7-24 (b) Article 17.033, Code of Criminal Procedure, as added by
7-25 this Act, applies only to a person who is arrested on or after the
7-26 effective date of this Act. A person who is arrested before the
8-1 effective date of this Act is covered by the law in effect at the
8-2 time of the arrest, and the former law is continued in effect for
8-3 that purpose.
8-4 SECTION 6. Article 26.04, Code of Criminal Procedure, is
8-5 amended to read as follows:
8-6 Art. 26.04. PROCEDURES FOR APPOINTING [COURT SHALL APPOINT]
8-7 COUNSEL. (a) The judges of the county courts, statutory county
8-8 courts, and district courts trying criminal cases in each county,
8-9 by local rule, shall adopt and publish written countywide
8-10 procedures for timely and fairly appointing counsel for an indigent
8-11 defendant in the county arrested for or charged with a misdemeanor
8-12 punishable by confinement or a felony. The procedures must be
8-13 consistent with this article and Articles 1.051, 15.17, 26.05, and
8-14 26.052. A court shall appoint an attorney from a public
8-15 appointment list using a system of rotation, unless the court
8-16 appoints an attorney under Subsection (f), (h), or (i). The court
8-17 shall appoint attorneys from among the next five names on the
8-18 appointment list in the order in which the attorneys' names appear
8-19 on the list, unless the court makes a finding of good cause on the
8-20 record for appointing an attorney out of order. An attorney who is
8-21 not appointed in the order in which the attorney's name appears on
8-22 the list shall remain next in order on the list.
8-23 (b) Procedures adopted under Subsection (a) shall:
8-24 (1) authorize only the judges of the county courts,
8-25 statutory county courts, and district courts trying criminal cases
8-26 in the county, or the judges' designee, to appoint counsel for
9-1 indigent defendants in the county;
9-2 (2) apply to each appointment of counsel made by a
9-3 judge or the judges' designee in the county;
9-4 (3) ensure that each indigent defendant in the county
9-5 who is charged with a misdemeanor punishable by confinement or with
9-6 a felony and who appears in court without counsel has an
9-7 opportunity to confer with appointed counsel before the
9-8 commencement of judicial proceedings;
9-9 (4) require appointments for defendants in capital
9-10 cases in which the death penalty is sought to comply with the
9-11 requirements under Article 26.052;
9-12 (5) ensure that each attorney appointed from a public
9-13 appointment list to represent an indigent defendant perform the
9-14 attorney's duty owed to the defendant in accordance with the
9-15 adopted procedures, the requirements of this code, and applicable
9-16 rules of ethics; and
9-17 (6) ensure that appointments are allocated among
9-18 qualified attorneys in a manner that is fair, neutral, and
9-19 nondiscriminatory.
9-20 (c) Whenever a [the] court or the courts' designee
9-21 authorized under Subsection (b) to appoint counsel for indigent
9-22 defendants in the county determines that a defendant charged with a
9-23 felony or a misdemeanor punishable by confinement [imprisonment] is
9-24 indigent or that the interests of justice require representation of
9-25 a defendant in a criminal proceeding, the court or the courts'
9-26 designee shall appoint one or more practicing attorneys to defend
10-1 the defendant in accordance with this subsection and the procedures
10-2 adopted under Subsection (a). If the court or the courts' designee
10-3 determines that the defendant does not speak and understand the
10-4 English language or that the defendant is deaf, the court or the
10-5 courts' designee shall make an effort to appoint an attorney who is
10-6 capable of communicating in a language understood by the defendant
10-7 [him].
10-8 (d) A public appointment list from which an attorney is
10-9 appointed as required by Subsection (a) shall contain the names of
10-10 qualified attorneys, each of whom:
10-11 (1) applies to be included on the list;
10-12 (2) meets the objective qualifications specified by
10-13 the judges under Subsection (e);
10-14 (3) meets any applicable qualifications specified by
10-15 the Task Force on Indigent Defense; and
10-16 (4) is approved by a majority of the judges who
10-17 established the appointment list under Subsection (e).
10-18 (e) In a county in which a court is required under
10-19 Subsection (a) to appoint an attorney from a public appointment
10-20 list:
10-21 (1) the judges of the county courts and statutory
10-22 county courts trying misdemeanor cases in the county, by formal
10-23 action:
10-24 (A) shall:
10-25 (i) establish a public appointment list of
10-26 attorneys qualified to provide representation in the county in
11-1 misdemeanor cases punishable by confinement; and
11-2 (ii) specify the objective qualifications
11-3 necessary for an attorney to be included on the list; and
11-4 (B) may establish, if determined by the judges
11-5 to be appropriate, more than one appointment list graduated
11-6 according to the degree of seriousness of the offense and the
11-7 attorneys' qualifications; and
11-8 (2) the judges of the district courts trying felony
11-9 cases in the county, by formal action:
11-10 (A) shall:
11-11 (i) establish a public appointment list of
11-12 attorneys qualified to provide representation in felony cases in
11-13 the county; and
11-14 (ii) specify the objective qualifications
11-15 necessary for an attorney to be included on the list; and
11-16 (B) may establish, if determined by the judges
11-17 to be appropriate, more than one appointment list graduated
11-18 according to the degree of seriousness of the offense and the
11-19 attorneys' qualifications.
11-20 (f) In a county in which a public defender is appointed
11-21 under Article 26.044, the court or the courts' designee may appoint
11-22 the public defender to represent the defendant in accordance with
11-23 guidelines established for the public defender.
11-24 (g) A countywide alternative program for appointing counsel
11-25 for indigent defendants in criminal cases is established by a
11-26 formal action in which two-thirds of the judges of the courts
12-1 designated under this subsection vote to establish the alternative
12-2 program. An alternative program for appointing counsel in
12-3 misdemeanor and felony cases may be established in the manner
12-4 provided by this subsection by the judges of the county courts,
12-5 statutory county courts, and district courts trying criminal cases
12-6 in the county. An alternative program for appointing counsel in
12-7 misdemeanor cases may be established in the manner provided by this
12-8 subsection by the judges of the county courts and statutory county
12-9 courts trying criminal cases in the county. An alternative program
12-10 for appointing counsel in felony cases may be established in the
12-11 manner provided by this subsection by the judges of the district
12-12 courts trying criminal cases in the county. In a county in which
12-13 an alternative program is established:
12-14 (1) the alternative program may:
12-15 (A) use a single method for appointing counsel
12-16 or a combination of methods; and
12-17 (B) use a multicounty appointment list using a
12-18 system of rotation; and
12-19 (2) the procedures adopted under Subsection (a) must
12-20 ensure that:
12-21 (A) attorneys appointed using the alternative
12-22 program to represent defendants in misdemeanor cases punishable by
12-23 confinement:
12-24 (i) meet specified objective
12-25 qualifications, which may be graduated according to the degree of
12-26 seriousness of the offense, for providing representation in
13-1 misdemeanor cases punishable by confinement; and
13-2 (ii) are approved by a majority of the
13-3 judges of the county courts and statutory county courts trying
13-4 misdemeanor cases in the county;
13-5 (B) attorneys appointed using the alternative
13-6 program to represent defendants in felony cases:
13-7 (i) meet specified objective
13-8 qualifications, which may be graduated according to the degree of
13-9 seriousness of the offense, for providing representation in felony
13-10 cases; and
13-11 (ii) are approved by a majority of the
13-12 judges of the district courts trying felony cases in the county;
13-13 (C) appointments for defendants in capital cases
13-14 in which the death penalty is sought comply with the requirements
13-15 of Article 26.052; and
13-16 (D) appointments are reasonably and impartially
13-17 allocated among qualified attorneys.
13-18 (h) In a county in which an alternative program for
13-19 appointing counsel is established as provided by Subsection (g) and
13-20 is approved by the presiding judge of the administrative judicial
13-21 region, a court or the courts' designee may appoint an attorney to
13-22 represent an indigent defendant by using the alternative program.
13-23 In establishing an alternative program under Subsection (g), the
13-24 judges of the courts establishing the program may not, without the
13-25 approval of the commissioners court, obligate the county by
13-26 contract or by the creation of new positions that cause an increase
14-1 in expenditure of county funds.
14-2 (i) A court or the courts' designee required under
14-3 Subsection (c) to appoint an attorney to represent a defendant
14-4 accused of a felony may appoint an attorney from any county located
14-5 in the court's administrative judicial region.
14-6 (j) An attorney appointed under this article [subsection]
14-7 shall:
14-8 (1) make every reasonable effort to contact the
14-9 defendant not later than the end of the first working day after the
14-10 date on which the attorney is appointed and to interview the
14-11 defendant as soon as practicable after the attorney is appointed;
14-12 and
14-13 (2) represent the defendant until charges are
14-14 dismissed, the defendant is acquitted, appeals are exhausted, or
14-15 the attorney is relieved of his duties by the court or replaced by
14-16 other counsel after a finding of good cause is entered on the
14-17 record.
14-18 (k) A court may replace an attorney who violates Subsection
14-19 (j)(1) with other counsel. A majority of the judges of the county
14-20 courts and statutory county courts or the district courts, as
14-21 appropriate, trying criminal cases in the county may remove from
14-22 consideration for appointment an attorney who intentionally or
14-23 repeatedly violates Subsection (j)(1).
14-24 (l) Procedures adopted under Subsection (a) must include
14-25 procedures and financial standards for determining whether a
14-26 defendant is indigent. The procedures and standards shall apply to
15-1 each defendant in the county equally, regardless of whether the
15-2 defendant is in custody or has been released on bail.
15-3 (m) [(b)] In determining whether a defendant is indigent,
15-4 the court or the courts' designee may [shall] consider [such
15-5 factors as] the defendant's income, source of income, assets,
15-6 property owned, outstanding obligations, necessary expenses, the
15-7 number and ages of dependents, and spousal income that is available
15-8 to the defendant[, and whether the defendant has posted or is
15-9 capable of posting bail]. The court or the courts' designee may
15-10 not consider whether [deny appointed counsel to a defendant solely
15-11 because] the defendant has posted or is capable of posting bail,
15-12 except to the extent that it reflects the defendant's financial
15-13 circumstances as measured by the considerations listed in this
15-14 subsection.
15-15 (n) [(c)] A defendant who requests a determination of
15-16 indigency and appointment of counsel shall:
15-17 (1) complete under oath a questionnaire concerning his
15-18 financial resources;
15-19 (2) respond under oath to an examination regarding his
15-20 financial resources by the judge or magistrate responsible for
15-21 determining whether the defendant is indigent; or
15-22 (3) complete the questionnaire and respond to
15-23 examination by the judge or magistrate.
15-24 (o) [(d)] Before making a determination of whether a
15-25 defendant is indigent, the court shall request the defendant to
15-26 sign under oath a statement substantially in the following form:
16-1 "On this ________ day of ____________, 20 [19]___, I have
16-2 been advised by the (name of the court) Court of my right to
16-3 representation by counsel in the trial of the charge pending
16-4 against me. I certify that I am without means to employ
16-5 counsel of my own choosing and I hereby request the court to
16-6 appoint counsel for me. (signature of the defendant)"
16-7 (p) A defendant who is determined by the court to be
16-8 indigent is presumed to remain indigent for the remainder of the
16-9 proceedings in the case unless a material change in the defendant's
16-10 financial circumstances occurs. [(e)] If there is a material
16-11 change in financial circumstances after a determination of
16-12 indigency or nonindigency is made, the defendant, the defendant's
16-13 counsel, or the attorney representing the state may move for
16-14 reconsideration of the determination.
16-15 (q) [(f)] A written or oral statement elicited under this
16-16 article or evidence derived from the statement may not be used for
16-17 any purpose, except to determine the defendant's indigency or to
16-18 impeach the direct testimony of the defendant. This subsection
16-19 does not prohibit prosecution of the defendant under Chapter 37,
16-20 Penal Code.
16-21 (r) A court may not threaten to arrest or incarcerate a
16-22 person solely because the person requests the assistance of
16-23 counsel.
16-24 SECTION 7. Article 26.044, Code of Criminal Procedure, is
16-25 amended to read as follows:
16-26 Art. 26.044. PUBLIC DEFENDER [IN COUNTY WITH FOUR COUNTY
17-1 COURTS AND FOUR DISTRICT COURTS]. (a) In this chapter, "public
17-2 defender" means a governmental entity or nonprofit corporation:
17-3 (1) operating under a written agreement with a
17-4 governmental entity, other than an individual judge or court;
17-5 (2) using public funds; and
17-6 (3) providing legal representation and services to
17-7 indigent defendants accused of a crime or juvenile offense, as
17-8 those terms are defined by Section 71.001, Government Code.
17-9 (b) The commissioners court of any county, on written
17-10 approval of a judge of a county court, statutory county court, or
17-11 district court trying criminal cases in the county, [having four
17-12 county courts and four district courts] may appoint a governmental
17-13 entity or nonprofit corporation [one or more attorneys] to serve as
17-14 a public defender. The commissioners courts of two or more
17-15 counties may enter into a written agreement to jointly appoint and
17-16 fund a regional [A] public defender [serves at the pleasure of the
17-17 commissioners court]. In appointing a public defender under this
17-18 subsection, the commissioners court shall specify or the
17-19 commissioners courts shall jointly specify, if appointing a
17-20 regional public defender:
17-21 (1) the duties of the public defender;
17-22 (2) the types of cases to which the public defender
17-23 may be appointed under Article 26.04(f) and the courts in which the
17-24 public defender may be required to appear;
17-25 (3) whether the public defender is appointed to serve
17-26 a term or serve at the pleasure of the commissioners court or the
18-1 commissioners courts; and
18-2 (4) if the public defender is appointed to serve a
18-3 term, the term of appointment and the procedures for removing the
18-4 public defender.
18-5 (c) Before appointing a public defender under Subsection
18-6 (b), the commissioners court or commissioners courts shall solicit
18-7 proposals for the public defender. A proposal must include:
18-8 (1) a budget for the public defender, including
18-9 salaries;
18-10 (2) a description of each personnel position,
18-11 including the chief public defender position;
18-12 (3) the maximum allowable caseloads for each attorney
18-13 employed by the proponent;
18-14 (4) provisions for personnel training;
18-15 (5) a description of anticipated overhead costs for
18-16 the public defender; and
18-17 (6) policies regarding the use of licensed
18-18 investigators and expert witnesses by the proponent.
18-19 (d) After considering each proposal for the public defender
18-20 submitted by a governmental entity or nonprofit corporation, the
18-21 commissioners court or commissioners courts shall select a proposal
18-22 that reasonably demonstrates that the proponent will provide
18-23 adequate quality representation for indigent defendants in the
18-24 county or counties.
18-25 (e) The total cost of the proposal may not be the sole
18-26 consideration in selecting a proposal.
19-1 (f) [(b)] To be eligible for appointment as a public
19-2 defender, the governmental entity or nonprofit corporation [a
19-3 person] must be directed by a chief public defender who:
19-4 (1) is [be] a member of the State Bar of Texas;
19-5 (2) has [have] practiced law for at least three years
19-6 [one year]; and
19-7 (3) has substantial [have] experience in the practice
19-8 of criminal law.
19-9 (g) A [(c) The] public defender is entitled to receive
19-10 funds for personnel costs and expenses incurred in operating as a
19-11 public defender in amounts [an annual salary in an amount] fixed by
19-12 the commissioners court and paid out of the appropriate county
19-13 fund, or jointly fixed by the commissioners courts and
19-14 proportionately paid out of each appropriate county fund if the
19-15 public defender serves more than one county.
19-16 (h) A public defender may employ attorneys, licensed
19-17 investigators, and other personnel necessary to perform the duties
19-18 of the public defender as specified by the commissioners court or
19-19 commissioners courts under Subsection (b)(1).
19-20 (i) [(d)] Except as authorized by this article, the chief
19-21 [a] public defender or an attorney employed by a public defender
19-22 may not:
19-23 (1) engage in the private practice of criminal law; or
19-24 (2) accept anything of value not authorized by this
19-25 article for services rendered under this article.
19-26 (j) A public defender may refuse an appointment under
20-1 Article 26.04(f) if:
20-2 (1) a conflict of interest exists;
20-3 (2) the public defender has insufficient resources to
20-4 provide adequate representation for the defendant;
20-5 (3) the public defender is incapable of providing
20-6 representation for the defendant in accordance with the rules of
20-7 professional conduct; or
20-8 (4) the public defender shows other good cause for
20-9 refusing the appointment.
20-10 (k) [(e)] The judge may remove a public defender who
20-11 violates a provision of Subsection (i) [(d) of this article].
20-12 (l) [(f) A public defender or an attorney appointed by a
20-13 court of competent jurisdiction shall represent each indigent
20-14 person who is charged with a criminal offense in a county having at
20-15 least four county courts and at least four district courts and each
20-16 indigent minor who is a party to a juvenile delinquency proceeding
20-17 in the county.]
20-18 [(g)] A public defender may investigate the financial
20-19 condition of any person the public defender is appointed to
20-20 represent. The defender shall report the results of the
20-21 investigation to the appointing judge. The judge may hold a
20-22 hearing to determine if the person is indigent and entitled to
20-23 representation under this article.
20-24 (m) [(h)] If it is necessary that an attorney other than a
20-25 public defender be [is] appointed, the attorney is entitled to the
20-26 compensation provided by Article 26.05 of this code.
21-1 [(i) At any stage of the proceeding, including appeal or
21-2 other postconviction proceedings, the judge may appoint another
21-3 attorney to represent the person. The substitute attorney is
21-4 entitled to the compensation provided by Article 26.05 of this
21-5 code.]
21-6 [(j) Except for the provisions relating to daily appearance
21-7 fees, Article 26.05 of this code applies to a public defender
21-8 appointed under this article.]
21-9 SECTION 8. Article 26.05, Code of Criminal Procedure, is
21-10 amended to read as follows:
21-11 Art. 26.05. COMPENSATION OF COUNSEL APPOINTED TO DEFEND.
21-12 (a) A counsel, other than an attorney with a public defender
21-13 [defender's office], appointed to represent a defendant in a
21-14 criminal proceeding, including a habeas corpus hearing, shall be
21-15 [reimbursed for reasonable expenses incurred with prior court
21-16 approval for purposes of investigation and expert testimony and
21-17 shall be] paid a reasonable attorney's fee for performing the
21-18 following services, based on the time and labor required, the
21-19 complexity of the case, and the experience and ability of the
21-20 appointed counsel:
21-21 (1) time spent in court making an appearance on behalf
21-22 of the defendant as evidenced by a docket entry, time spent in
21-23 trial, and [or] time spent in a proceeding in which sworn oral
21-24 testimony is elicited;
21-25 (2) reasonable and necessary time spent out of court
21-26 on the case, supported by any documentation that the court
22-1 requires; [and]
22-2 (3) preparation of an appellate brief and preparation
22-3 and presentation of oral argument to a court of appeals or the
22-4 Court of Criminal Appeals; and
22-5 (4) preparation of a motion for rehearing.
22-6 (b) All payments made under this article shall be paid in
22-7 accordance with a schedule of fees adopted by formal action of the
22-8 judges of the county courts, statutory county courts, and district
22-9 courts trying criminal cases in [county and district criminal court
22-10 judges within] each county. On adoption of a schedule of fees as
22-11 provided by this subsection, a copy of the schedule shall be sent
22-12 to the commissioners court of the county[, except that in a county
22-13 with only one judge with criminal jurisdiction the schedule will be
22-14 adopted by the administrative judge for that judicial district].
22-15 (c) Each fee schedule adopted shall state reasonable [will
22-16 include a] fixed rates or [rate,] minimum and maximum hourly rates,
22-17 taking into consideration reasonable and necessary overhead costs
22-18 and the availability of qualified attorneys willing to accept the
22-19 stated rates, [and daily rates] and shall [will] provide a form for
22-20 the appointed counsel to itemize [reporting] the types of services
22-21 performed [in each one]. No payment shall be made under this
22-22 article [section] until the form for itemizing [reporting] the
22-23 services performed is submitted to the judge presiding over the
22-24 proceedings and the judge approves the payment. If the judge
22-25 disapproves the requested amount of payment, the judge shall make
22-26 written findings stating the amount of payment that the judge
23-1 approves and each reason for approving an amount different from the
23-2 requested amount. An attorney whose request for payment is
23-3 disapproved may appeal the disapproval by filing a motion with the
23-4 presiding judge of the administrative judicial region. On the
23-5 filing of a motion, the presiding judge of the administrative
23-6 judicial region shall review the disapproval of payment and
23-7 determine the appropriate amount of payment. In reviewing the
23-8 disapproval, the presiding judge of the administrative judicial
23-9 region may conduct a hearing. Not later than the 45th day after
23-10 the date an application for payment of a fee is submitted under
23-11 this article, the commissioners court shall pay to the appointed
23-12 counsel the amount that is approved by the presiding judge of the
23-13 administrative judicial region [and approved by the court] and that
23-14 is in accordance with the fee schedule for that county.
23-15 (d) A counsel in a noncapital case, other than an attorney
23-16 with a public defender, appointed to represent a defendant under
23-17 this code shall be reimbursed for reasonable and necessary
23-18 expenses, including expenses for investigation and for mental
23-19 health and other experts. Expenses incurred with prior court
23-20 approval shall be reimbursed in the same manner provided for
23-21 capital cases by Articles 26.052(f) and (g), and expenses incurred
23-22 without prior court approval shall be reimbursed in the manner
23-23 provided for capital cases by Article 26.052(h).
23-24 (e) A majority of the judges of the county courts and
23-25 statutory county courts or the district courts, as appropriate,
23-26 trying criminal cases in the county may remove an attorney from
24-1 consideration for appointment if, after a hearing, it is shown that
24-2 the attorney submitted a claim for legal services not performed by
24-3 the attorney.
24-4 (f) All payments made under this article shall be paid from
24-5 the general fund of the county in which the prosecution was
24-6 instituted or habeas corpus hearing held and may be included as
24-7 costs of court.
24-8 (g) [(e)] If the court determines that a defendant has
24-9 financial resources that enable him to offset in part or in whole
24-10 the costs of the legal services provided, including any expenses
24-11 and costs, the court shall order the defendant to pay during the
24-12 pendency of the charges or, if convicted, as court costs the amount
24-13 that it finds the defendant is able to pay.
24-14 (h) [(f)] Reimbursement of expenses incurred for purposes of
24-15 investigation or expert testimony may be paid directly to a private
24-16 investigator licensed under Chapter 1702, Occupations Code, [the
24-17 Private Investigators and Private Security Agencies Act (Article
24-18 4413(29bb), Vernon's Texas Civil Statutes)] or to an expert witness
24-19 in the manner designated by appointed counsel and approved by the
24-20 court.
24-21 SECTION 9. Article 26.052, Code of Criminal Procedure, is
24-22 amended by amending Subsections (d) and (e) and adding Subsection
24-23 (m) to read as follows:
24-24 (d)(1) The committee shall adopt standards for the
24-25 qualification of attorneys to be appointed to represent indigent
24-26 defendants in capital cases in which the death penalty is sought
25-1 [for appointment to death penalty cases].
25-2 (2) The standards must require that an attorney
25-3 appointed to a death penalty case:
25-4 (A) be a member of the State Bar of Texas;
25-5 (B) exhibit proficiency and commitment to
25-6 providing quality representation to defendants in death penalty
25-7 cases;
25-8 (C) have at least five years of experience in
25-9 criminal litigation;
25-10 (D) have tried to a verdict as lead defense
25-11 counsel a significant number of felony cases, including homicide
25-12 trials and other trials for offenses punishable as second or first
25-13 degree felonies or capital felonies;
25-14 (E) have trial experience in:
25-15 (i) the use of and challenges to mental
25-16 health or forensic expert witnesses; and
25-17 (ii) investigating and presenting
25-18 mitigating evidence at the penalty phase of a death penalty trial;
25-19 and
25-20 (F) have participated in continuing legal
25-21 education courses or other training relating to criminal defense in
25-22 death penalty cases.
25-23 (3) The committee shall prominently post the standards
25-24 in each district clerk's office in the region with a list of
25-25 attorneys qualified for appointment.
25-26 (4) Not later than the second anniversary of the date
26-1 an attorney is placed on the list of attorneys qualified for
26-2 appointment in death penalty cases and each year following the
26-3 second anniversary, the attorney must present proof to the
26-4 committee that the attorney has successfully completed the minimum
26-5 continuing legal education requirements of the State Bar of Texas,
26-6 including a course or other form of training relating to the
26-7 defense of death penalty cases. The committee shall remove the
26-8 attorney's name from the list of qualified attorneys if the
26-9 attorney fails to provide the committee with proof of completion of
26-10 the continuing legal education requirements.
26-11 (e) The presiding judge of the district court in which a
26-12 capital felony case is filed shall appoint two attorneys, at least
26-13 one of whom must be qualified under this chapter, [counsel] to
26-14 represent an indigent defendant as soon as practicable after
26-15 charges are filed, unless the state gives notice in writing that
26-16 the state will not seek the death penalty [if the death penalty is
26-17 sought in the case. The judge shall appoint lead trial counsel
26-18 from the list of attorneys qualified for appointment. The judge
26-19 shall appoint a second counsel to assist in the defense of the
26-20 defendant, unless reasons against the appointment of two counsel
26-21 are stated in the record].
26-22 (m) The local selection committee shall annually review the
26-23 list of attorneys posted under Subsection (d) to ensure that each
26-24 listed attorney satisfies the requirements under this chapter.
26-25 SECTION 10. Subsection (h), Article 102.075, Code of
26-26 Criminal Procedure, is amended to read as follows:
27-1 (h) The comptroller shall deposit money received under this
27-2 article to the credit of the following accounts in the general
27-3 revenue fund according to the specified percentages:
27-4 NAME OF ACCOUNT PERCENTAGE
27-5 abused children's counseling 0.02%
27-6 crime stoppers assistance 0.6%
27-7 breath alcohol testing 1.28%
27-8 Bill Blackwood Law Enforcement
27-9 Management Institute 5.04%
27-10 law enforcement officers standards and education 11.63%
27-11 comprehensive rehabilitation 12.37%
27-12 operator's and chauffeur's license 25.9%
27-13 criminal justice planning 29.18%
27-14 fair defense account 13.98%
27-15 SECTION 11. Chapter 51, Family Code, is amended by adding
27-16 Section 51.101 to read as follows:
27-17 Sec. 51.101. APPOINTMENT OF COUNSEL PLAN. (a) The juvenile
27-18 board in each county shall adopt a plan that:
27-19 (1) specifies the qualifications necessary for an
27-20 attorney to be included on an appointment list from which attorneys
27-21 are appointed to represent children in proceedings under this
27-22 title; and
27-23 (2) establishes procedures for:
27-24 (A) including attorneys on the appointment list
27-25 and removing attorneys from the list; and
27-26 (B) appointing attorneys from the appointment
28-1 list to individual cases.
28-2 (b) A plan adopted under Subsection (a) must:
28-3 (1) to the extent practicable, comply with the
28-4 requirements of Article 26.04, Code of Criminal Procedure, except
28-5 that:
28-6 (A) the income and assets of the child's parent
28-7 or other person responsible for the child's support must be used in
28-8 determining whether the child is indigent; and
28-9 (B) any alternative plan for appointing counsel
28-10 is established by the juvenile board in the county; and
28-11 (2) recognize the differences in qualifications and
28-12 experience necessary for appointments to cases in which:
28-13 (A) the allegation is:
28-14 (i) conduct indicating a need for
28-15 supervision;
28-16 (ii) delinquent conduct, and commitment to
28-17 the Texas Youth Commission is not an authorized disposition; or
28-18 (iii) delinquent conduct, and commitment
28-19 to the Texas Youth Commission without a determinate sentence is an
28-20 authorized disposition;
28-21 (B) determinate sentence proceedings have been
28-22 initiated; or
28-23 (C) proceedings for discretionary transfer to
28-24 criminal court have been initiated.
28-25 SECTION 12. Section 71.001, Government Code, is amended to
28-26 read as follows:
29-1 Sec. 71.001. DEFINITIONS. In this chapter:
29-2 (1) "Ad hoc assigned counsel program" means a system
29-3 under which private attorneys, acting as independent contractors
29-4 and compensated with public funds, are individually appointed to
29-5 provide legal representation and services to a particular indigent
29-6 defendant accused of a crime or juvenile offense.
29-7 (2) "Chair" means the chair of the council.
29-8 (3) "Contract defender program" means a system under
29-9 which private attorneys, acting as independent contractors and
29-10 compensated with public funds, are engaged to provide legal
29-11 representation and services to a group of unspecified indigent
29-12 defendants who appear before a particular court or group of courts.
29-13 (4) [(2)] "Council" means the Texas Judicial Council.
29-14 (5) "Crime" means:
29-15 (A) a misdemeanor punishable by confinement; or
29-16 (B) a felony.
29-17 (6) "Defendant" means a person accused of a crime or a
29-18 juvenile offense.
29-19 (7) "Indigent defense support services" means criminal
29-20 defense services that:
29-21 (A) are provided by licensed investigators,
29-22 experts, or other similar specialists, including forensic experts
29-23 and mental health experts; and
29-24 (B) are reasonable and necessary for appointed
29-25 counsel to provide adequate representation to indigent defendants.
29-26 (8) "Juvenile offense" means conduct committed by a
30-1 person while younger than 17 years of age that constitutes:
30-2 (A) a misdemeanor punishable by confinement; or
30-3 (B) a felony.
30-4 (9) "Public defender" has the meaning assigned by
30-5 Article 26.044(a), Code of Criminal Procedure.
30-6 SECTION 13. Subchapter C, Chapter 71, Government Code, is
30-7 amended by adding Section 71.0351 to read as follows:
30-8 Sec. 71.0351. INDIGENT DEFENSE INFORMATION. (a) Not later
30-9 than January 1 of each year, in each county, a copy of all formal
30-10 and informal rules and forms that describe the procedures used in
30-11 the county to provide indigent defendants with counsel in
30-12 accordance with the Code of Criminal Procedure, including the
30-13 schedule of fees required under Article 26.05 of that code, shall
30-14 be prepared and sent to the Office of Court Administration of the
30-15 Texas Judicial System in the form and manner prescribed by the
30-16 office. Except as provided by Subsection (b), the local
30-17 administrative district judge in each county, or the person
30-18 designated by the judge, shall prepare and send to the office of
30-19 court administration a copy of all rules and forms adopted by the
30-20 judges of the district courts trying felony cases in the county.
30-21 Except as provided by Subsection (b), the local administrative
30-22 statutory county court judge in each county, or the person
30-23 designated by the judge, shall prepare and send to the office of
30-24 court administration a copy of all rules and forms adopted by the
30-25 judges of the county courts and statutory county courts trying
30-26 misdemeanor cases in the county.
31-1 (b) If the judges of two or more levels of courts adopt the
31-2 same formal and informal rules and forms as described by Subsection
31-3 (a), the local administrative judge serving the courts having
31-4 jurisdiction over offenses with the highest classification of
31-5 punishment, or the person designated by the judge, shall prepare
31-6 and send to the Office of Court Administration of the Texas
31-7 Judicial System a copy of the rules and forms.
31-8 (c) In each county, the county auditor, or the person
31-9 designated by the commissioners court if the county does not have a
31-10 county auditor, shall prepare and send to the Office of Court
31-11 Administration of the Texas Judicial System in the form and manner
31-12 prescribed by the office and on a monthly, quarterly, or annual
31-13 basis, with respect to legal services provided in the county to
31-14 indigent defendants during each fiscal year, information showing
31-15 the total amount expended by the county to provide indigent defense
31-16 services and an analysis of the amount expended by the county:
31-17 (1) in each district, county, statutory county, and
31-18 appellate court;
31-19 (2) in cases for which a private attorney is appointed
31-20 for an indigent defendant;
31-21 (3) in cases for which a public defender is appointed
31-22 for an indigent defendant;
31-23 (4) in cases for which counsel is appointed for an
31-24 indigent juvenile under Section 51.10(f), Family Code; and
31-25 (5) for investigation expenses, expert witness
31-26 expenses, or other litigation expenses.
32-1 (d) As a duty of office, each district and county clerk
32-2 shall cooperate with the county auditor or the person designated by
32-3 the commissioners court and the commissioners court in retrieving
32-4 information required to be sent to the Office of Court
32-5 Administration of the Texas Judicial System under this section and
32-6 under a reporting plan developed by the Task Force on Indigent
32-7 Defense under Section 71.061(a).
32-8 (e) On receipt of information required under this section,
32-9 the Office of Court Administration of the Texas Judicial System
32-10 shall forward the information to the Task Force on Indigent
32-11 Defense.
32-12 SECTION 14. Chapter 71, Government Code, is amended by
32-13 adding Subchapter D to read as follows:
32-14 SUBCHAPTER D. TASK FORCE ON INDIGENT DEFENSE
32-15 Sec. 71.051. ESTABLISHMENT OF TASK FORCE; COMPOSITION. The
32-16 Task Force on Indigent Defense is established as a standing
32-17 committee of the council and is composed of eight ex officio
32-18 members and five appointive members.
32-19 Sec. 71.052. EX OFFICIO MEMBERS. The ex officio members
32-20 are:
32-21 (1) the following six members of the council:
32-22 (A) the chief justice of the supreme court;
32-23 (B) the presiding judge of the court of criminal
32-24 appeals;
32-25 (C) the member of the senate appointed by the
32-26 lieutenant governor;
33-1 (D) the member of the house of representatives
33-2 appointed by the speaker of the house;
33-3 (E) one of the courts of appeals justices
33-4 serving on the council who is designated by the governor to serve
33-5 on the Task Force on Indigent Defense; and
33-6 (F) one of the county court or statutory county
33-7 court judges serving on the council who is designated by the
33-8 governor to serve on the Task Force on Indigent Defense or, if a
33-9 county court or statutory county court judge is not serving on the
33-10 council, one of the statutory probate court judges serving on the
33-11 council who is designated by the governor to serve on the task
33-12 force;
33-13 (2) the chair of the Senate Criminal Justice
33-14 Committee; and
33-15 (3) the chair of the House Criminal Jurisprudence
33-16 Committee.
33-17 Sec. 71.053. APPOINTMENTS. (a) The governor shall appoint
33-18 with the advice and consent of the senate five members of the Task
33-19 Force on Indigent Defense as follows:
33-20 (1) one member who is an active district judge serving
33-21 as a presiding judge of an administrative judicial region;
33-22 (2) one member who is a judge of a constitutional
33-23 county court or who is a county commissioner;
33-24 (3) one member who is a practicing criminal defense
33-25 attorney;
33-26 (4) one member who is a public defender or who is
34-1 employed by a public defender; and
34-2 (5) one member who is a judge of a constitutional
34-3 county court or who is a county commissioner of a county with a
34-4 population of 250,000 or more.
34-5 (b) The members serve staggered terms of two years, with two
34-6 members' terms expiring February 1 of each odd-numbered year and
34-7 two members' terms expiring February 1 of each even-numbered year.
34-8 (c) In making appointments to the Task Force on Indigent
34-9 Defense, the governor shall attempt to reflect the geographic and
34-10 demographic diversity of the state.
34-11 (d) A person may not be appointed to the Task Force on
34-12 Indigent Defense if the person is required to register as a
34-13 lobbyist under Chapter 305 because of the person's activities for
34-14 compensation on behalf of a profession related to the operation of
34-15 the task force or the council.
34-16 Sec. 71.054. VACANCIES. A vacancy on the Task Force on
34-17 Indigent Defense must be filled for the unexpired term in the same
34-18 manner as the original appointment. An appointment to fill a
34-19 vacancy shall be made not later than the 90th day after the date
34-20 the vacancy occurs.
34-21 Sec. 71.055. MEETINGS; QUORUM; VOTING. (a) The Task Force
34-22 on Indigent Defense shall meet at least quarterly and at such other
34-23 times as it deems necessary or convenient to perform its duties.
34-24 (b) Six members of the Task Force on Indigent Defense
34-25 constitute a quorum for purposes of transacting task force
34-26 business. The task force may act only on the concurrence of five
35-1 task force members or a majority of the task force members present,
35-2 whichever number is greater. The task force may develop policies
35-3 and standards under Section 71.060 only on the concurrence of seven
35-4 task force members.
35-5 (c) A Task Force on Indigent Defense member is entitled to
35-6 vote on any matter before the task force, except as otherwise
35-7 provided by rules adopted by the task force and ratified by the
35-8 council.
35-9 Sec. 71.056. COMPENSATION. A Task Force on Indigent Defense
35-10 member may not receive compensation for services on the task force
35-11 but is entitled to be reimbursed for actual and necessary expenses
35-12 incurred in discharging the member's duties as a task force member.
35-13 The expenses are paid from funds appropriated to the task force.
35-14 Sec. 71.057. BUDGET. (a) The Task Force on Indigent
35-15 Defense budget shall be a part of the budget for the council. In
35-16 preparing a budget and presenting the budget to the legislature,
35-17 the task force shall consult with the executive director of the
35-18 Office of Court Administration of the Texas Judicial System.
35-19 (b) The Task Force on Indigent Defense budget may include
35-20 funds for personnel who are employees of the council but who are
35-21 assigned to assist the task force in performing its duties.
35-22 (c) The executive director of the Office of Court
35-23 Administration of the Texas Judicial System may not reduce or
35-24 modify the Task Force on Indigent Defense budget or use funds
35-25 appropriated to the task force without the approval of the task
35-26 force.
36-1 Sec. 71.058. FAIR DEFENSE ACCOUNT. The fair defense account
36-2 is an account in the general revenue fund that may be appropriated
36-3 only to the Task Force on Indigent Defense for the purpose of
36-4 implementing this subchapter.
36-5 Sec. 71.059. ACCEPTANCE OF GIFTS, GRANTS, AND OTHER FUNDS;
36-6 STATE GRANTS TEAM. (a) The Task Force on Indigent Defense may
36-7 accept gifts, grants, and other funds from any public or private
36-8 source to pay expenses incurred in performing its duties under this
36-9 subchapter.
36-10 (b) The State Grants Team of the Governor's Office of Budget
36-11 and Planning may assist the Task Force on Indigent Defense in
36-12 identifying grants and other resources available for use by the
36-13 task force in performing its duties under this subchapter.
36-14 Sec. 71.060. POLICIES AND STANDARDS. (a) The Task Force on
36-15 Indigent Defense shall develop policies and standards for providing
36-16 legal representation and other defense services to indigent
36-17 defendants at trial, on appeal, and in postconviction proceedings.
36-18 The policies and standards may include:
36-19 (1) performance standards for counsel appointed to
36-20 represent indigent defendants;
36-21 (2) qualification standards under which attorneys may
36-22 qualify for appointment to represent indigent defendants,
36-23 including:
36-24 (A) qualifications commensurate with the
36-25 seriousness of the nature of the proceeding;
36-26 (B) qualifications appropriate for
37-1 representation of mentally ill defendants and noncitizen
37-2 defendants;
37-3 (C) successful completion of relevant continuing
37-4 legal education programs approved by the council; and
37-5 (D) testing and certification standards;
37-6 (3) standards for ensuring appropriate appointed
37-7 caseloads for counsel appointed to represent indigent defendants;
37-8 (4) standards for determining whether a person accused
37-9 of a crime or juvenile offense is indigent;
37-10 (5) policies and standards governing the organization
37-11 and operation of an ad hoc assigned counsel program;
37-12 (6) policies and standards governing the organization
37-13 and operation of a public defender consistent with recognized
37-14 national policies and standards;
37-15 (7) standards for providing indigent defense services
37-16 under a contract defender program consistent with recognized
37-17 national policies and standards;
37-18 (8) standards governing the reasonable compensation of
37-19 counsel appointed to represent indigent defendants;
37-20 (9) standards governing the availability and
37-21 reasonable compensation of providers of indigent defense support
37-22 services for counsel appointed to represent indigent defendants;
37-23 (10) standards governing the operation of a legal
37-24 clinic or program that provides legal services to indigent
37-25 defendants and is sponsored by a law school approved by the supreme
37-26 court;
38-1 (11) policies and standards governing the appointment
38-2 of attorneys to represent children in proceedings under Title 3,
38-3 Family Code; and
38-4 (12) other policies and standards for providing
38-5 indigent defense services as determined by the task force to be
38-6 appropriate.
38-7 (b) The Task Force on Indigent Defense shall submit policies
38-8 and standards developed under Subsection (a) to the council for
38-9 ratification.
38-10 (c) Any qualification standards adopted by the Task Force on
38-11 Indigent Defense under Subsection (a) that relate to the
38-12 appointment of counsel in a death penalty case must be consistent
38-13 with the standards specified under Article 26.052(d), Code of
38-14 Criminal Procedure. An attorney who is identified by the task
38-15 force as not satisfying performance or qualification standards
38-16 adopted by the task force under Subsection (a) may not accept an
38-17 appointment in a capital case.
38-18 Sec. 71.061. COUNTY REPORTING PLAN; TASK FORCE REPORTS.
38-19 (a) The Task Force on Indigent Defense shall develop a plan that
38-20 establishes statewide requirements for counties relating to
38-21 reporting indigent defense information. The plan must include
38-22 provisions designed to reduce redundant reporting by counties and
38-23 provisions that take into consideration the costs to counties of
38-24 implementing the plan statewide. The task force shall use the
38-25 information reported by a county to monitor the effectiveness of
38-26 the county's indigent defense policies, standards, and procedures
39-1 and to ensure compliance by the county with the requirements of
39-2 state law relating to indigent defense. The task force may revise
39-3 the plan as necessary to improve monitoring of indigent defense
39-4 policies, standards, and procedures in this state.
39-5 (b) The Task Force on Indigent Defense shall annually submit
39-6 to the governor, lieutenant governor, speaker of the house of
39-7 representatives, and council and shall publish in written and
39-8 electronic form a report:
39-9 (1) containing the information forwarded to the task
39-10 force from the Office of Court Administration of the Texas Judicial
39-11 System under Section 71.0351(e); and
39-12 (2) regarding:
39-13 (A) the quality of legal representation provided
39-14 by counsel appointed to represent indigent defendants;
39-15 (B) current indigent defense practices in the
39-16 state as compared to state and national standards;
39-17 (C) efforts made by the task force to improve
39-18 indigent defense practices in the state; and
39-19 (D) recommendations made by the task force for
39-20 improving indigent defense practices in the state.
39-21 (c) The Task Force on Indigent Defense shall annually submit
39-22 to the Legislative Budget Board and council and shall publish in
39-23 written and electronic form a detailed report of all expenditures
39-24 made under this subchapter, including distributions under Section
39-25 71.062.
39-26 (d) The Task Force on Indigent Defense may issue other
40-1 reports relating to indigent defense as determined to be
40-2 appropriate by the task force.
40-3 Sec. 71.062. TECHNICAL SUPPORT; GRANTS. (a) The Task Force
40-4 on Indigent Defense shall:
40-5 (1) provide technical support to:
40-6 (A) assist counties in improving their indigent
40-7 defense systems; and
40-8 (B) promote compliance by counties with the
40-9 requirements of state law relating to indigent defense;
40-10 (2) direct the comptroller to distribute funds,
40-11 including grants, to counties to provide indigent defense services
40-12 in the county; and
40-13 (3) monitor each county that receives a grant and
40-14 enforce compliance by the county with the conditions of the grant,
40-15 including enforcement by directing the comptroller to:
40-16 (A) withdraw grant funds; or
40-17 (B) require reimbursement of grant funds by the
40-18 county.
40-19 (b) The Task Force on Indigent Defense shall direct the
40-20 comptroller to distribute funds as required by Subsection (a)(2)
40-21 based on a county's compliance with standards developed by the task
40-22 force and the county's demonstrated commitment to compliance with
40-23 the requirements of state law relating to indigent defense.
40-24 (c) The Task Force on Indigent Defense shall develop
40-25 policies to ensure that funds under Subsection (a)(2) are allocated
40-26 and distributed to counties in a fair manner.
41-1 (d) A county may not reduce the amount of funds provided for
41-2 indigent defense services in the county because of funds provided
41-3 by the Task Force on Indigent Defense under this section.
41-4 Sec. 71.063. IMMUNITY FROM LIABILITY. The Task Force on
41-5 Indigent Defense or a member of the task force performing duties
41-6 on behalf of the task force is not liable for damages arising from
41-7 an act or omission within the scope of the duties of the task
41-8 force.
41-9 SECTION 15. Articles 26.041, 26.042, 26.043, 26.045, 26.046,
41-10 26.047, 26.048, 26.049, 26.050, 26.053, as added by Senate Bill No.
41-11 1781, 77th Legislature, Regular Session, 2001, 26.054, as added by
41-12 Senate Bill No. 1781, 77th Legislature, Regular Session, 2001, and
41-13 26.058, Code of Criminal Procedure, are repealed.
41-14 SECTION 16. The change in law made by this Act applies only
41-15 to a person arrested for or charged with an offense committed or,
41-16 for purposes of Title 3, Family Code, a child taken into custody
41-17 for conduct or alleged to have engaged in conduct that occurs on or
41-18 after the effective date of this Act and to the appointment of
41-19 counsel for that person or child. A person arrested for or charged
41-20 with an offense committed or a child taken into custody for conduct
41-21 or alleged to have engaged in conduct that occurs before the
41-22 effective date of this Act is covered by the law in effect when the
41-23 offense was committed or the conduct occurred, and the former law
41-24 is continued in effect for that purpose.
41-25 SECTION 17. A county having established a public defender
41-26 under a statute repealed or amended by this Act may continue the
42-1 existence and operation of the public defender under the terms of
42-2 the repealed or amended statute as that statute existed immediately
42-3 before the effective date of this Act if the public defender is a
42-4 governmental entity or nonprofit corporation described by
42-5 Subsection (a), Article 26.044, Code of Criminal Procedure, as
42-6 amended by this Act. The change in law made by this Act to Article
42-7 26.044, Code of Criminal Procedure, applies only to a public
42-8 defender appointed on or after the effective date of this Act.
42-9 SECTION 18. A local administrative judge or other person
42-10 designated under Subsection (a) or (b), Section 71.0351, Government
42-11 Code, as added by this Act, shall begin sending to the Office of
42-12 Court Administration of the Texas Judicial System the information
42-13 required to be sent by that section on or before January 1, 2002.
42-14 A county auditor or other person designated under Subsection (c),
42-15 Section 71.0351, Government Code, as added by this Act, shall begin
42-16 sending to the Office of Court Administration of the Texas Judicial
42-17 System the information required by that section on or before
42-18 September 1, 2002.
42-19 SECTION 19. The governor shall make appointments to the Task
42-20 Force on Indigent Defense as soon as practicable after the
42-21 effective date of this Act. In appointing the initial members of
42-22 the task force, the governor shall appoint the member who is an
42-23 active district judge serving as a presiding judge of an
42-24 administrative judicial region and the member who is a practicing
42-25 criminal defense attorney for terms expiring February 1, 2003, and
42-26 the member who is a judge of a constitutional county court or who
43-1 is a county commissioner and the member who is a public defender or
43-2 who is employed by a public defender for terms expiring February 1,
43-3 2004.
43-4 SECTION 20. A local selection committee shall amend
43-5 standards previously adopted by the committee to conform with the
43-6 requirements of Subsection (d), Article 26.052, Code of Criminal
43-7 Procedure, as amended by this Act, not later than April 1, 2002.
43-8 An attorney appointed on or after April 1, 2002, to a death penalty
43-9 case must meet the standards adopted in conformity with the amended
43-10 Subsection (d), Article 26.052. An attorney appointed before April
43-11 1, 2002, to a death penalty case is covered by the law in effect
43-12 when the attorney was appointed, and the former law is continued in
43-13 effect for that purpose.
43-14 SECTION 21. Subsection (h), Article 102.075, Code of
43-15 Criminal Procedure, as amended by this Act, applies only to a court
43-16 cost collected under that article on or after the effective date of
43-17 this Act. A court cost collected under Article 102.075, Code of
43-18 Criminal Procedure, before the effective date of this Act is
43-19 governed by the law in effect when the court cost was collected,
43-20 and the former law is continued in effect for that purpose.
43-21 SECTION 22. This Act takes effect January 1, 2002.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 7 passed the Senate on
April 10, 2001, by a viva-voce vote; and that the Senate concurred
in House amendments on May 24, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 7 passed the House, with
amendments, on May 17, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor