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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 82(R)

Senate Bill 1681

Senate Author:  Ellis

Effective:  9-1-11

House Sponsor:  Thompson et al.


Senate Bill 1681 amends provisions of the Code of Criminal Procedure relating to the appointment of counsel and the rights of an accused and other requirements for appellate proceedings and community supervision revocation proceedings.  The bill expands the applicability of procedures for appointing counsel to defend an indigent defendant in a criminal proceeding to also apply to the appointment of counsel to appeal such a defendant's conviction.  The bill provides for the graduation of multiple public appointment lists of attorneys qualified to provide indigent representation, and of specified qualifications for such representation under an alternative program for appointing counsel, according to whether representation will be provided in trial court proceedings, appellate proceedings, or both.  The bill establishes the responsibilities of an appointed attorney with respect to a defendant not represented by other counsel before withdrawing as counsel for the defendant after a trial or the entry of a plea of guilty.

Senate Bill 1681 sets out provisions relating to the taking of a person arrested for a violation of a condition of community supervision before the judge who ordered the arrest or a magistrate of the county in which the person was arrested, and to the powers and duties of the judge or magistrate with respect to the arrest.