AEZ C.S.H.B. 908 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
C.S.H.B. 908
By: Cuellar
3-5-97
Committee Report (Substituted)



BACKGROUND
 
Currently, courts may appoint any attorney to represent indigent persons
including attorneys who are full-time government employees. 

PURPOSE

HB 908, if enacted, would prevent courts from appointing public officials
and employees from being appointed to represent a person accused of a
crime without notification of availability. 

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 Chapter 26.06, Code of Criminal Procedure, ELECTED
OFFICIALS, 
by  changing the caption to PUBLIC OFFICIALS AND EMPLOYEES.  No court may
appoint an employee of a county, district or state to represent a person
accused of crime unless the court has been notified of the employee's
availability by the employee.   

Section 2: Emergency clause. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill amended Chapter 26 of the Code of Criminal Procedure by
adding a subsection 26.061 which would have prohibited a court from
appointing an attorney who is a full-time employee of the state or a
political subdivision of the state, other than a public defender, to
represent an indigent defendant or inmate. 

The substitute amends Article 26.06 of the Code of Criminal Procedure  by
deleting elected officials from those not being appointed by a court, and
changing the caption to read PUBLIC OFFICIALS AND EMPLOYEES.    The
substitute does not allow a court to appoint an employee of a state,
county, or district government unless the employee notifies the court of
availability to be appointed as counsel.