| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to procedures in a criminal case after a defendant is found |
|
|
competent to stand trial and to consequences arising from certain |
|
|
violations of those procedures. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 26.04(k), Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
(k) A court may replace with other counsel an attorney who |
|
|
violates Subsection (j)(1) or fails to timely meet and confer with a |
|
|
defendant as required by Article 46B.084(a)(1) [with other |
|
|
counsel]. A majority of the judges of the county courts and |
|
|
statutory county courts or the district courts, as appropriate, |
|
|
trying criminal cases in the county may remove from consideration |
|
|
for appointment an attorney who intentionally or repeatedly |
|
|
violates Subsection (j)(1) or Article 46B.084(a)(1). |
|
|
SECTION 2. Article 26.05, Code of Criminal Procedure, is |
|
|
amended by adding Subsection (i) to read as follows: |
|
|
(i) The judge presiding over the proceedings or the director |
|
|
of a managed assigned counsel program under Article 26.047, as |
|
|
applicable, may disapprove a payment requested under this article |
|
|
for services performed for a case in which the appointed counsel |
|
|
fails to timely meet and confer with the defendant as required by |
|
|
Article 46B.084(a)(1). On the appointed counsel's compliance with |
|
|
the meet and confer requirement, the presiding judge or director, |
|
|
as applicable, shall pay to the counsel the amount otherwise |
|
|
approved under this article and may not continue to disapprove the |
|
|
requested payment based solely on the disapproval permitted by this |
|
|
subsection. |
|
|
SECTION 3. Article 46B.084, Code of Criminal Procedure, is |
|
|
amended by adding Subsection (d-2) to read as follows: |
|
|
(d-2) Notwithstanding Subsection (d), if the defendant is |
|
|
found competent to stand trial, the court not later than the 30th |
|
|
day after the date of that finding shall set a trial date for the |
|
|
case. |
|
|
SECTION 4. Section 33.032(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) Except as otherwise provided by this section and |
|
|
Sections 33.022(j), 33.0322, 33.0325, and [Section] 33.034, the |
|
|
papers filed with and proceedings before the commission are |
|
|
confidential prior to the filing of formal charges. |
|
|
SECTION 5. Subchapter B, Chapter 33, Government Code, is |
|
|
amended by adding Section 33.0325 to read as follows: |
|
|
Sec. 33.0325. PUBLIC PAPERS AND PROCEEDINGS RELATED TO |
|
|
CERTAIN COMPLAINTS INVOLVING INCOMPETENCY PROCEEDINGS. The papers |
|
|
filed with and proceedings held before the commission in connection |
|
|
with the investigation and resolution of the following complaints |
|
|
filed with the commission shall be public information: |
|
|
(1) a complaint alleging a judge failed to timely |
|
|
notify the attorney representing the state or the attorney for the |
|
|
defendant of a defendant's return, as required by Article |
|
|
46B.084(a)(1), Code of Criminal Procedure; and |
|
|
(2) a complaint alleging a judge failed to timely set a |
|
|
trial date for a case as required by Article 46B.084(d-2), Code of |
|
|
Criminal Procedure. |
|
|
SECTION 6. Articles 26.04, 26.05, and 46B.084, Code of |
|
|
Criminal Procedure, as amended by this Act, apply to a criminal case |
|
|
in which the indictment or information is filed before, on, or after |
|
|
the effective date of this Act. |
|
|
SECTION 7. Section 33.0325, Government Code, as added by |
|
|
this Act, applies only to a complaint filed on or after the |
|
|
effective date of this Act. A complaint filed before the effective |
|
|
date of this Act is governed by the law in effect on the date the |
|
|
complaint was filed, and the former law is continued in effect for |
|
|
that purpose. |
|
|
SECTION 8. This Act takes effect September 1, 2023. |