BILL ANALYSIS H.B. 2289 By: Hirschi 4-19-95 Committee Report (Unamended) BACKGROUND Currently, Wichita County must contract with private attorneys to provide legal representation for indigents in mental health and substance abuse cases. The Wichita County Commissioners and County Judges have determined that it would be more cost effective to use public defenders for these cases. PURPOSE If enacted, H.B. 2289 would allow a public defender or assistant public defender in Wichita County to represent the mentally ill and substance abusers in commitment cases. The bill will not mandate the use of the Public Defender Office for such cases but will permit the public defenders to represent these people. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 26.043(g), Code of Criminal Procedure (PUBLIC DEFENDER IN WICHITA COUNTY), to allow a Wichita County public defender or assistant public defender to represent a mentally ill person or substance abuser who is indigent and who is charged with a criminal offense in the county or is entitled to representation under Chapter 462, Health and Safety Code; Subtitle C, Title 7, Health and Safety Code; or Subtitle D, Title 7, Health and Safety Code. SECTION 2. Effective date: September 1, 1995. SECTION 3. Emergency clause. SUMMARY OF COMMITTEE ACTION HB 2289 was considered by the full committee in a public hearing on April 19, 1995. The following person spoke for the bill: Barry Macha, Wichita County District Attorney, representing himself. HB 2289 was reported favorably without amendment, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 6 ayes, 0 nays, 0 pnv, and 3 absent.