Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Hinojosa H.B. No. 3235
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the right to counsel in criminal cases.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Art. 1.051. Right to representation by counsel.
1-5 (a) A defendant in a criminal matter is entitled to be represented
1-6 by counsel in an adversarial judicial proceeding. The right to be
1-7 represented by counsel includes the right to consult in private
1-8 with counsel sufficiently in advance of a proceeding to allow
1-9 adequate preparation for the proceeding.
1-10 (b) For the purposes of this article and Articles 26.04 and
1-11 26.05 of this code, "indigent" means a person who is not
1-12 financially able to employ counsel.
1-13 (d) An eligible indigent defendant is entitled to have the
1-14 trial court appoint an attorney to represent him in the following
1-15 appellate and postconviction habeas corpus matters:
1-16 (1) an appeal to a court of appeals;
1-17 (2) an appeal to the Court of Criminal Appeals if the
1-18 appeal is made directly from the trial court or if a petition for
1-19 discretionary review has been granted;
1-20 (3) A petition for discretionary review to the Court
1-21 of Criminal Appeals;
1-22 (4) [(3)] a habeas corpus proceeding if the court
1-23 concludes that the interests of justice require representation; and
1-24 (5) [(4)] any other appellate proceeding if the court
2-1 concludes that the interests of justice require representation.
2-2 SECTION 2. The change in law made by this Act applies only
2-3 to appeals commenced on or after the effective date of this Act.
2-4 SECTION 3. The effective date of this Act is September 1,
2-5 1997.
2-6 SECTION 4. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended.