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Senate Bill 1091 |
Senate Author: Ellis et al. |
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Effective: 9-1-09 |
House Sponsor: Gallego |
Senate Bill 1091 amends provisions of the Government Code and the Code of Criminal Procedure to establish the capital writs committee and the office of capital writs, and to require a court to appoint the office to represent an indigent defendant in a capital case who desires appointment of counsel for the purpose of a writ of habeas corpus. The bill provides for the appointment of other competent counsel should the office not accept or be prohibited from accepting an appointment. The bill requires the capital writs committee to submit recommendations for the appointment of director of the office of capital writs to the court of criminal appeals when a vacancy exists for that position. The bill sets forth provisions relating to the duties, appointment, and composition of the committee and requirements regarding the recommendation and appointment of the director of the office. The bill sets forth provisions relating to the funding of the office, the appointment of the director and staff of the office, the powers and duties of the office, and the compensation of appointed attorneys, regardless of whether the attorney is employed by the office. The bill adds the office to the entities for which money in the fair defense account may be appropriated.