H.B. No. 1178

	AN ACT
	relating to procedures applicable to waivers of the right to
	counsel in certain adversary judicial proceedings that may result
	in punishment by confinement.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 1.051, Code of Criminal Procedure, is
	amended by amending Subsections (e), (f), and (g) and adding
	Subsections (f-1) and (f-2) to read as follows:
	(e)  An appointed counsel is entitled to 10 days to prepare
	for a proceeding but may waive the preparation time with the consent
	of the defendant in writing or on the record in open court. If a
	nonindigent defendant [or an indigent defendant who has refused
	appointed counsel in order to retain private counsel] appears
	without counsel at a proceeding after having been given a
	reasonable opportunity to retain counsel, the court, on 10 days'
	notice to the defendant of a dispositive setting, may proceed with
	the matter without securing a written waiver or appointing counsel.
	If an indigent defendant who has refused appointed counsel in order
	to retain private counsel appears without counsel after having been
	given an opportunity to retain counsel, the court, after giving the
	defendant a reasonable opportunity to request appointment of
	counsel or, if the defendant elects not to request appointment of
	counsel, after obtaining a waiver of the right to counsel pursuant
	to Subsections (f) and (g), may proceed with the matter on 10 days'
	notice to the defendant of a dispositive setting.
	(f)  A defendant may voluntarily and intelligently waive in
	writing the right to counsel. A waiver obtained in violation of
	Subsection (f-1) or (f-2) is presumed invalid.
	(f-1)  In any adversary judicial proceeding that may result
	in punishment by confinement, the attorney representing the state
	may not:
	(1)  initiate or encourage an attempt to obtain from a
	defendant who is not represented by counsel a waiver of the right to
	counsel; or
	(2)  communicate with a defendant who has requested the
	appointment of counsel, unless the court or the court's designee
	authorized under Article 26.04 to appoint counsel for indigent
	defendants in the county has denied the request and, subsequent to
	the denial, the defendant:
	(A)  has been given a reasonable opportunity to
	retain and has failed to retain private counsel; or
	(B)  waives or has waived the opportunity to
	retain private counsel.
	(f-2)  In any adversary judicial proceeding that may result
	in punishment by confinement, the court may not direct or encourage
	the defendant to communicate with the attorney representing the
	state until the court advises the defendant of the right to counsel
	and the procedure for requesting appointed counsel and the
	defendant has been given a reasonable opportunity to request
	appointed counsel. If the defendant has requested appointed
	counsel, the court may not direct or encourage the defendant to
	communicate with the attorney representing the state unless the
	court or the court's designee authorized under Article 26.04 to
	appoint counsel for indigent defendants in the county has denied
	the request and, subsequent to the denial, the defendant:
	(1)  has been given a reasonable opportunity to retain
	and has failed to retain private counsel; or
	(2)  waives or has waived the opportunity to retain
	private counsel.
	(g)  If a defendant wishes to waive the [his] right to
	counsel for purposes of entering a guilty plea or proceeding to
	trial, the court shall advise the defendant [him] of the nature of
	the charges against the defendant and, if the defendant is
	proceeding to trial, the dangers and disadvantages of
	self-representation. If the court determines that the waiver is
	voluntarily and intelligently made, the court shall provide the
	defendant with a statement substantially in the following form,
	which, if signed by the defendant, shall be filed with and become
	part of the record of the proceedings:
	"I have been advised this ______ day of
	__________, 2 [19] ____, by the (name of court) Court
	of my right to representation by counsel in the case
	[trial of the charge] pending against me. I have been
	further advised that if I am unable to afford counsel,
	one will be appointed for me free of charge.
	Understanding my right to have counsel appointed for
	me free of charge if I am not financially able to
	employ counsel, I wish to waive that right and request
	the court to proceed with my case without an attorney
	being appointed for me. I hereby waive my right to
	counsel. (signature of [the] defendant)"
	SECTION 2.  Article 17.09, Code of Criminal Procedure, is
	amended by adding Section 4 to read as follows:
	Sec. 4.  Notwithstanding any other provision of this
	article, the judge or magistrate in whose court a criminal action is
	pending may not order the accused to be rearrested or require the
	accused to give another bond in a higher amount because the accused:
	(1)  withdraws a waiver of the right to counsel; or
	(2)  requests the assistance of counsel, appointed or
	retained.
	SECTION 3.  (a)  The change in law made by this Act to Article
	1.051(e), Code of Criminal Procedure, applies only to a proceeding
	at which an indigent defendant appears without counsel after having
	refused appointed counsel if the proceeding occurs on or after the
	effective date of this Act. A proceeding at which an indigent
	defendant appears without counsel after having refused appointed
	counsel that occurs before the effective date of this Act is covered
	by the law in effect at the time of the proceeding, and the former
	law is continued in effect for that purpose.
	(b)  The change in law made by this Act to Article 1.051(f),
	Code of Criminal Procedure, applies only to a waiver of counsel or a
	communication with a defendant that occurs on or after the
	effective date of this Act. A waiver of counsel or a communication
	with a defendant that occurred before the effective date of this Act
	is covered by the law in effect at the time the waiver or
	communication occurred, and the former law is continued in effect
	for that purpose.
	SECTION 4.  This Act takes effect September 1, 2007.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1178 was passed by the House on April
	17, 2007, by the following vote:  Yeas 98, Nays 35, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1178 was passed by the Senate on May
	17, 2007, by the following vote:  Yeas 30, Nays 1.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor