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