SRC-JJJ S.B. 247 76(R)BILL ANALYSIS
Senate Research CenterS.B. 247
By: Ellis
Criminal Justice
6/23/1999
Enrolled
DIGEST
In 1965, the legislature sought to accommodate a nascent body of federal
constitutional law in which courts held that each poor person must have the
opportunity to obtain legal representation at state expense if the state
wished to incarcerate the person for a crime. S.B. 247 will establish
defense and pretrial information gathering standards for indigent people
who are accused of a crime.
PURPOSE
As enrolled, S.B. 247 establishes defense and pretrial information
gathering standards for indigent people who are accused of a crime.
RULEMAKING AUTHORITY
This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Article 1.051(c), Code of Criminal Procedure, to require
the court to appoint counsel not later than the 20th day after the date on
which a defendant requests counsel, if an indigent defendant remains
incarcerated pending trial after a hearing under Article 15.17. Specifies
that failure to assign an attorney within the 20-day period may result in
required release of the defendant. Establishes that the release of the
defendant is the exclusive remedy for a failure to appoint counsel within
the 20-day period.
SECTION 2. Amends Article 15.17(a), Code of Criminal Procedure, to require
the magistrate to inform orally and in writing the indigent defendant of
procedures used in the county to provide counsel, and to provide the person
with a written statement in a language understood by the person. Sets forth
language of the written statement. Makes nonsubstantive changes.
SECTION 3. Amends Article 17.151, Code of Criminal Procedure, by amending
Section 1 and 2, and by adding Section 4, as follows:
Sec. 1. Makes conforming changes.
Sec. 2. Provides that Section 1(1), rather than provisions, of this
article does not apply to certain defendants.
Sec. 4. Provides that if the appointing authority fails to appoint counsel
before the specified deadline, the defendant may be detained at any time
after counsel is appointed and the defendant is provided an opportunity to
confer with appointed counsel.
SECTION 4. Amends the heading to Article 26.04, Code of Criminal
Procedure, as follows:
Art. 26.04. New heading: APPOINTMENT OF COUNSEL.
SECTION 5. Amends Article 26.04(a), Code of Criminal Procedure, to require
the county commissioners court to establish procedures to govern the
provision of legal services to an indigent person accused of having
committed a criminal offense in the county and to designate the appointing
authority for the county. Sets forth conditions regarding the appointed
attorney and the extent to which the attorney shall represent the
defendant.
SECTION 6. Amends Article 26.044, Code of Criminal Procedure, as follows:
Art. 26.044. New heading: REGIONAL PUBLIC DEFENDERS. Authorizes the
commissioners court of any county to appoint an attorney or a nonprofit
corporation established to provide legal services to the indigent to serve
as the public defender. Authorizes the commissioners court of two or more
counties to enter a written agreement to jointly fund and appoint a
regional public defender. Authorizes each public defender to hire and
supervise other attorneys and staff in order to carry out all necessary
duties. Sets forth requirements for eligibility for individuals to be
appointed as a public defender. Sets forth conditions prohibited for a
public defender or an attorney employed by the office of the public
defender. Authorizes the commissioners court to remove a public defender
under certain conditions. Authorizes the judge having jurisdiction over
the complaint or other charging instrument to hold a hearing in order to
determine whether a person is indigent. Deletes text regarding requirements
of at least four county courts. Makes conforming changes.
SECTION 7. Amends Article 26.05, Code of Criminal Procedure, to set forth
conditions by which a county auditor, appointed by the commissioners court,
shall determine appropriate payment schedule for the appointed counsel.
Sets forth reimbursement for appointed counsel that is not with a public
defender's office. Deletes text requiring prior court approval for a
reimbursement and the requirement for certain judges to create the fee
payment schedule. Makes conforming changes.
SECTION 8. Amends Chapter 71C, Government Code, by adding Section 71.0351,
as follows:
Sec. 71.0351. INDIGENT DEFENSE INFORMATION. Requires each county auditor
to prepare and send a report to council's office of court administration,
not later than September 30th of each year. Requires the county
commissioners court to designate a person to carry out the responsibilities
described by this section. Requires each district and county clerk to
cooperate with the county auditor or judge in retrieving information for
inclusion in the report. Requires the county auditor or judge to send the
report to the office in a prescribed form. Authorizes the office to
authorize the form to be sent by electronic data transfer. Sets forth the
form, manner, and necessary information by the council's office of court
administration by which the report shall be prepared.
SECTION 9. Repealers: Articles 26.041, 26.042, 26.043, 26.045, 26.046,
26.047, 26.048, 26.049, and 26.050, Code of Criminal Procedure (regarding
assistance for court-appointed counsel in Harris County, Tarrant County
public defender, public defender in Wichita County, public defender in 33rd
judicial district, public defender in Colorado County, public defender in
Webb County, public defender in Cherokee County, public defender in Tom
Green County, and the public defender in the 293rd and 365th judicial
districts).
SECTION 10. (a) Effective date: September 1, 1999.
Makes application of this Act prospective.
(b) Requires a county auditor or judge to send to the office of court
administration the first report required by Section 71.0351, Government
Code, on or before September 30, 2000.
SECTION 11. Emergency clause.