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A BILL TO BE ENTITLED
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AN ACT
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relating to the representation of an indigent person in certain |
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criminal proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 26.04, Code of Criminal Procedure, is |
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amended by adding Subsection (i-1) to read as follows: |
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(i-1) Notwithstanding Subsection (j)(2) or any other law, |
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an attorney may be appointed under this article to represent an |
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indigent person for the sole purpose of providing counsel in |
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relation to that person's appearance before a magistrate as |
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required by Article 14.06(a), 15.17(a), or 15.18(a). The attorney |
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may represent the person in subsequent proceedings of that case, |
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only if appointed for that purpose under the other provisions of |
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this article. |
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SECTION 2. Article 26.044, Code of Criminal Procedure, is |
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amended by adding Subsection (i-1) to read as follows: |
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(i-1) Notwithstanding Subsection (i)(1), an attorney |
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engaged in the private practice of criminal law may be employed by a |
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public defender's office on a part-time basis for the sole purpose |
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of providing counsel in relation to an indigent person's appearance |
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before a magistrate as required by Article 14.06(a), 15.17(a), or |
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15.18(a). |
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SECTION 3. Article 26.04(i-1), Code of Criminal Procedure, |
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as added by this Act, applies only to a person who is arrested on or |
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after the effective date of this Act. A person arrested before the |
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effective date of this Act is governed by the law in effect on the |
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date the person was arrested, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |