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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 76(R)

SENATE BILL 247

SENATE AUTHOR: R. Ellis et al.

EFFECTIVE: Vetoed

HOUSE SPONSOR: Hinojosa

            Senate Bill 247 amends provisions of the Code of Criminal Procedure relating to the appointment and compensation of counsel for an indigent defendant. The act provides that if the indigent defendant remains incarcerated pending trial, the appointment of counsel is required not later than the 20th day after the request is made. Failure to appoint counsel within this period may result in the required release of the defendant.

            The act transfers the authority to appoint an attorney for an indigent defendant from the court to an appointing authority established by a county commissioners court. It establishes that the commissioners courts of two or more counties may enter into an agreement to jointly fund and appoint a regional public defender.

            The act also amends the Government Code to require each county auditor to send an annual report on indigent defense information to the office of court administration of the Texas Judicial Council.