Bill not drafted by TLC or Senate E&E.

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      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.