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House Bill 3152 |
House Author: Escobar et al. |
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Effective: Vetoed |
Senate Sponsor: Ellis |
House Bill 3152 amends the Code of Criminal Procedure to prohibit an attorney for the state in a criminal case from initiating or encouraging an attempt to obtain from an unrepresented defendant a waiver of the right to counsel or communicating with a defendant who has requested the appointment of counsel for indigent defendants unless the court has denied the request. The bill also prohibits the court from directing or encouraging the defendant to communicate with the attorney for the state until the court advises the defendant of the right to counsel and the procedure for obtaining counsel, and the defendant has been given a reasonable opportunity to obtain counsel. If a defendant requests appointment of a counsel for indigent defendants, the bill prohibits the court from such communication unless the court has denied the defendant's request.
Reason Given for Veto: "House Bill No. 3152 would establish new requirements for the waiver of counsel in all criminal cases – even those punishable only by a fine, such as a traffic offense. There are a number of instances in which it is beneficial for prosecutors and defendants without attorneys to initiate discussions regarding a guilty plea or referral to trial. This bill would inhibit prosecutors’ ability to seek plea bargains on minor offenses, resulting in a backlog of cases and an undue burden on the municipal, justice of the peace and county court systems.
"I have heard from prosecutors who argue that this bill would create tremendous confusion in our courts and could jeopardize hundreds of thousands of convictions. Under this bill, persons who wish to negotiate with prosecutors to resolve their cases would be prohibited from doing so unless a specific waiver is filed, and neither a judge nor a prosecutor could ask a defendant to file the waiver.
"Current law and court decisions provide adequate protections for defendants who wish to waive their right to an attorney."