HBA-LJP H.B. 797 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 797
By: Gallego
Criminal Jurisprudence
4/1/2001
Introduced



BACKGROUND AND PURPOSE 

In the Texas Constitution, a defendant is entitled to due process which
includes the right to counsel and the court is required to appoint counsel
to represent an indigent defendant as soon as possible.  Because criminal
courts in Texas have a variety of indigent defense systems, there is a lack
of uniformity in the standards and quality of representation among the
indigent defense systems.  House Bill 797 sets time requirements for a
court to appoint counsel to an indigent defendant and for a law enforcement
agency having custody of the accused to notify the court in which the
accused is required to appear for arraignment. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 797 amends the Code of Criminal Procedure to require the court
to appoint counsel no later than the 20th day after the date of a hearing
if an indigent defendant remains confined after a hearing with a magistrate
for an arrest under a warrant. 

The bill provides that, if the accused remains confined after the date of a
hearing with a magistrate for an arrest under a warrant, the law
enforcement agency having custody of the accused is required to notify the
court in which the accused is required to appear for arraignment of the
confinement no later than 72 hours after the hearing. 

EFFECTIVE DATE

September 1, 2001.