SRC-JBJ S.B. 7 77(R)BILL ANALYSIS


Senate Research CenterS.B. 7
By: Ellis, Rodney
Criminal Justice
6/18/2001
Enrolled


DIGEST AND PURPOSE 

Throughout the many criminal courts of Texas' 254 counties the variety of
indigent defense systems result in a lack of uniformity in standards and
quality of representation among those many indigent defense systems.  S.B.
7 provides for added order, accountability, and quality control of the
state's provisions relating to indigent defense. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Task Force on Indigent
Defense in SECTION 14 (Section 71.055, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Authorizes this Act to be known as the Texas Fair Defense Act.

SECTION 2.  Amends Article 1.051, Code of Criminal Procedure, by amending
Subsection (c) and adding Subsections (i), (j), and (k), as follows: 

(c)  Requires a court or the court's designee authorized under Article
26.04 to appoint counsel for indigent defendants in the county, except as
otherwise provided by this subsection, if an indigent defendant is entitled
to and requests appointed counsel and if adversarial judicial proceedings
have been initiated against the defendant, to appoint counsel as soon as
possible, but not later than the end of the third working day after the
date on which the court or the courts' designee receives the defendant's
request for appointment of counsel.  Requires the court or the courts'
designee, in a county with a population of 250,000 or more, to appoint
counsel as required by this subsection as soon as possible, but not later
than the end of the first working day after the date on which the court or
court's designee receives the defendant's request for appointment of
counsel. 

(i)  Requires a court or the courts' designee authorized under Article
26.04 to appoint counsel for indigent defendants in the county, except as
otherwise provided by this subsection, if an indigent defendant is entitled
to and requests appointed counsel and if adversarial judicial proceedings
have not been initiated against the defendant, to appoint counsel
immediately following the expiration of three working days after the date
on which the court or the courts' designee receives the defendant's request
for appointment of counsel.  Requires the court or the courts' designee, if
adversarial judicial proceedings are initiated against the defendant before
the expiration of the three working days, to appoint counsel as provided by
Subsection (c). Requires the court or the courts' designee, in a county
with a population of 250,000 or more, to appoint counsel as required by
this subsection immediately following the expiration of one working day
after the date on which the court or the courts' designee receives the
defendant's request for appointment of counsel.  Requires the court or the
courts' designee, if adversarial judicial proceedings are initiated against
the defendant before the expiration of the one working day, to appoint
counsel as provided by Subsection (c). 

 (j)  Provides that notwithstanding any other provisions of this section,
if an indigent defendant is released from custody prior to the appointment
of counsel under this section, appointment of counsel is not required until
the defendant's first court appearance or when adversarial judicial
proceedings are initiated, whichever comes first. 

(k)  Authorizes a court or the courts' designee to without unnecessary
delay appoint new counsel to represent an indigent defendant for whom
counsel is appointed under Subsection (c) or (i) if certain conditions
exist. 

SECTION 3.  Amends Article 14.06(a), Code of Criminal Procedure, to require
the person making the arrest or the person having custody of the person
arrested, except as provided by Subsection (b), in each case enumerated in
this Code, to take the person arrested or have the person taken without
unnecessary delay, but not later than 48 hours after the person is
arrested, before the magistrate who may have ordered the arrest, before
some magistrate of the county where the arrest was made without an order,
or, if necessary to provide more expeditiously to the person arrested the
warnings described by Article 15.17, before a magistrate in a county
bordering the county in which the arrest was made.   

SECTION 4.  Amends Article 15.17, Code of Criminal Procedure, by amending
Subsection (a) and adding Subsections (e) and (f), as follows: 

(a)  Requires the person making the arrest or the person having custody of
the person arrested, in each case enumerated in this Code, to take, without
unnecessary delay, but not later than 48 hours after the person is
arrested, the person arrested or have the person taken before some
magistrate of the county where the accused was arrested or, if necessary to
provide more expeditiously to the person arrested the warnings described by
this article, before a magistrate in a county bordering the county in which
the arrest was made.  Deletes existing text regarding the right to request
counsel under certain conditions.  Requires the magistrate to also inform
the person arrested of the person's right to request the appointment of
counsel if the person cannot afford counsel.  Requires the magistrate to
inform the person arrested of the procedures for requesting appointment of
counsel.  Requires the magistrate, under certain conditions, to inform the
person in a certain manner.  Requires the magistrate to ensure that
reasonable assistance in completing the necessary forms for requesting
appointment of counsel is provided to the person at the same time.
Requires the magistrate, if the person arrested is indigent and requests
appointment of counsel and if the magistrate is authorized under Article
26.04 to appoint counsel for indigent defendants in the county, to appoint
counsel in accordance with Article 1.051.  Requires the magistrate, if the
magistrate is not authorized to appoint counsel, to without unnecessary
delay, but not later than 24 hours after the person arrested requests
appointment of counsel, transmit, or cause to be transmitted to the court
or to the courts' designee authorized under Article 26.04 to appoint
counsel in the county, the forms requesting the appointment of counsel.
Makes nonsubstantive changes. 

(e)  Requires a record, in each case in which a person arrested is taken
before a magistrate as required by Subsection (a), to be made of certain
items. 

(f)  Authorizes a record required under Subsection (e) to consist of
written forms, electronic recordings, or other documentation as authorized
by procedures adopted in the county under Article 26.04(a). 

SECTION 5.  (a)  Amends Chapter 17, Code of Criminal Procedure, by adding
Article 17.033, as follows: 

Sec. 17.033.  RELEASE ON BOND OF CERTAIN PERSONS ARRESTED WITHOUT A
WARRANT.  (a)  Requires a person, except as provided by Subsection (c), who
is arrested without a warrant and who is detained in jail to be released on
bond, in an amount not to exceed $5,000, not later than the 24th hour after
the person's arrest if the person was arrested for a misdemeanor and a
magistrate has not determined whether probable cause exists to believe that
the person committed the offense.  Requires the person, if the person is
unable to obtain a surety for the bond or unable to deposit money in the
amount of the bond, to be released on personal bond. 

(b)  Requires a person who is arrested without a warrant and who is
detained in jail, except as provided by Subsection (c), to be released on
bond, in an amount not to exceed $10,000, not later than the 48th hour
after the person's arrest if the person was arrested for a felony and a
magistrate has not determined whether probable cause exists to believe that
the person committed the offense.  Requires the person, if the person is
unable to obtain a surety for the bond or unable to deposit money in the
amount of the bond, to be released on personal bond. 

(c)  Authorizes a magistrate, on the filing of an application by the
attorney representing the state, to postpone the release of a person under
Subsection (a) or (b) for not more than 72 hours after the person's arrest.
Requires an application filed under this subsection to state the reason a
magistrate has not determined whether probable cause exists to believe that
the person committed the offense for which the person was arrested. 

(b)  Makes application of Article 17.033, Code of Criminal Procedure, as
added by this Act, prospective. 

SECTION 6.  Amends Article 26.04, Code of Criminal Procedure, as follows:

Art. 26.04.  New heading:  PROCEDURES FOR APPOINTING COUNSEL.  (a)
Requires the judges of the county courts, statutory county courts, and
district courts trying criminal cases in each county, by local rule, to
adopt and publish written countywide procedures for timely and fairly
appointing counsel for an indigent defendant in the county arrested for or
charged with a misdemeanor punishable by confinement or a felony.  Requires
the procedures to be consistent with this article and Articles 1.051,
15.17, 26.05, and 26.052.  Requires a court to appoint an attorney from a
public appointment list using a system of rotation, unless the court
appoints an attorney under Subsections (f), (h), or (i).  Requires the
court to appoint attorneys from among the next five names of the
appointment list in the order in which the attorney's names appear on the
list, unless the court makes a finding of good cause on the record for
appointing an attorney out of order.  Requires an attorney who is not
appointed in the order in which the attorney's name appears on the list to
remain next in order on the list. 

  (b)  Sets forth conditions for the procedures adopted under Subsection
(a). 

(c)  Requires a court or the courts' designee, whenever the court or the
courts' designee authorized under Subsection (b) to appoint counsel for
indigent defendants in the county determines that a defendant charged with
a felony or a misdemeanor punishable by confinement, rather than
imprisonment, is indigent or that the interests of justice require
representation of a defendant  in a criminal proceeding, to appoint one or
more practicing attorneys to defend the defendant in accordance with this
subsection and the procedures adopted under Subsection (a).  Requires the
court or the courts' designee, under certain conditions, to make an effort
to appoint an attorney who is capable of communicating in a language
understood by the defendant. 

(d)  Requires a public appointment list from which an attorney is appointed
as required by Subsection (a) to contain the names of qualified attorneys,
who meet certain specific criteria. 

 (e)  Requires certain judges in certain counties, by formal action, to
establish a public appointment list of attorneys qualified to provide
representation in the county in misdemeanor cases punishable by confinement
and to specify the objective qualifications necessary for an attorney to by
included on the list.  Authorizes certain judges in certain counties, by
formal action, to establish, if determined by the judges to be appropriate,
more than one appointment list graduated according to the degree of
seriousness of the offense and the attorney's qualifications.   

Requires certain judges in certain counties, by formal action, to establish
a public appointment list of attorneys qualified to provide representation
in felony cases in the county and to specify the objective qualifications
necessary for an attorney to be included on the list.  Authorizes certain
judges in certain counties, by formal action, to establish, if determined
by the judges to be appropriate, more than one appointment list graduated
according to the degree of seriousness of the offense and the attorney's
qualifications. 

(f)  Authorizes the court or the courts' designee, in a county in which a
public defender is appointed under Article 26.044, to appoint the public
defender to represent the defendant in accordance with guidelines
established for the public defender. 

(g)  Provides that in a countywide alternative program for appointing
counsel for indigent defendants in criminal cases is established by a
formal action in which twothirds of the judges of the courts designated
under this section vote to establish the alternative program.  Authorizes
an alternative program for appointing counsel in misdemeanor and felony
cases to be established in the manner provided by this subsection by the
judges of the county courts, statutory county courts, and district courts
trying criminal cases in the county.  Authorizes an alternative program for
appointing counsel in misdemeanor cases to be established in the manner
provided by this subsection by the judges of the county courts and
statutory county courts trying criminal cases in the county.  Authorizes an
alternative program for appointing counsel in felony cases to be
established in the manner provided by this subsection by the judges of the
district courts trying criminal cases in the county.  Sets forth conditions
for the establishment and administration of an alternative program in a
county. 

(h)  Authorizes a court or the courts' designee, in a county in which an
alternative program for appointing counsel is established as provided by
Subsection (g) and is approved by the presiding judge of the administrative
judicial region, to appoint an attorney to represent an indigent defendant
by using the alternative program.  Prohibits the judges of the courts
establishing an alternative program under Subsection (g) from obligating
the county by contract or by the creation of new positions or the creation
or adoption of new programs that cause an increase in expenditure of county
funds, without the approval of the commissioners court. 

(i)  Authorizes a court or the courts' designee required under Subsection
(c) to appoint an attorney to represent a defendant accused of a felony to
appoint an attorney from any county located in the court's administrative
judicial region. 

(j)  Reletters existing text of Subsection (a) as Subsection (j), as
follows.  Requires an attorney appointed under this article, rather than
subsection, to make every reasonable effort to contact the defendant not
later than 24 hours after the attorney is appointed and to interview the
defendant as soon as practicable after the attorney is appointed and
represent the defendant until charges are dismissed, the defendant is
acquitted, appeals are exhausted, or the attorney is relieved of the
attorney's duties by the court or replaced by other counsel for legal cause
stated on the record. 

 (k)  Authorizes a court to replace an attorney who violates Subsection
(j)(1) with other counsel.  Authorizes a majority of the judges of the
county courts and statutory county courts or the district courts, as
appropriate, trying criminal cases in the county to remove from
consideration for appointment an attorney who intentionally or repeatedly
violates Subsection (j)(1). 

(l)  Requires procedures adopted under Subsection (a) to include procedures
and financial standards for determining whether a defendant is indigent.
Requires the procedures and standards to apply to each defendant in the
county equally, regardless of whether the defendant is in custody or has
been released on bail. 

(m)  Reletters existing text of Subsection (b) as Subsection (m) as
follows.  Authorizes, rather than requires, the court or the courts'
designee, in determining whether a defendant is indigent, to consider the
defendant's income, source of income, assets, property owned, outstanding
obligations, necessary expenses, the number and ages of dependents, and
spousal income that is available to the defendant.  Deletes existing text
regarding the defendant's posting of bail.  Prohibits the court or the
courts' designee from considering whether the defendant has posted or is
capable of posting bail, except to the extent that it reflects the
defendant's financial circumstances as measured by the considerations
listed in this subsection.  Deletes existing text regarding the denial of
appointed counsel. 

Reletters existing text of Subsections (c) and (d) as Subsections (n) and
(o) making nonsubstantive changes. 
 
(p)  Reletters existing text of Subsection (e) as Subsection (p) as
follows.  Provides that a defendant who is determined by the court to be
indigent is presumed to remain indigent for the remainder of the
proceedings in the case unless a material change in the defendant's
financial circumstances occurs.  Authorizes the defendant, the defendant's
counsel, or the attorney representing the state, if there is a material
change in financial circumstances after a determination of indigency or
nonindigency is made, to move for reconsideration of the determination. 

  Reletters existing text of Subsection (f) as Subsection (q).

(r)  Prohibits a court from threatening to arrest or incarcerate a person
solely because the person requests the assistance of counsel. 

SECTION 7.  Amends Article 26.044, Code of Criminal Procedure, as follows:

 Art. 26.044.  New heading:  PUBLIC DEFENDER.  (a)  Defines "public
defender."   

(b)  Reletters existing text of Subsection (a) as Subsection (b), and
amends as follows. Authorizes the commissioners court of any county, on
written approval of a judge of a county court, statutory county court, or
district court trying criminal cases in the county, to appoint a
governmental entity or nonprofit corporation, rather than one or more
attorneys, to serve as a public defender.  Deletes existing text regarding
the number of county and district courts.  Authorizes the commissioners
courts of two or more counties to enter into written agreement to jointly
appoint and fund a regional public defender.  Deletes existing text
regarding the public defender serving at the pleasure of the commissioners
court.  Requires the commissioners court or the commissioners courts, in
appointing a public defender under this subsection, to specify or to
jointly specify, if appointing a regional public defender certain
information. 

(c)  Requires the commissioners court or commissioners courts, before
appointing a  public defender under Subsection (b), to solicit proposals
for the public defender.  Sets forth information the proposal must include. 

(d)  Requires the commissioners court or commissioners courts, after
considering each proposal for the public defender submitted by a
governmental entity or nonprofit corporation, to select a proposal that
reasonably demonstrates that the proponent will provide adequate quality
representation for indigent defendants in the county or counties. 

(e)  Prohibits the total cost of the proposal from being the sole
consideration in selecting a proposal. 

(f)  Reletters existing text of Subsection (b) as Subsection (f), and
amends as follows. Requires the governmental entity or nonprofit
corporation, to be eligible for appointment as a public defender, to be
directed by a chief public defender who meets certain criteria. 

(g)  Reletters existing text of Subsection (c) as Subsection (g), and
amends as follows. Provides that a public defender is entitled to receive
funds for personnel costs and expenses incurred in operating as a public
defender in amounts fixed by the commissioners court and paid out of the
appropriate county fund, or jointly fixed by the commissioners courts and
proportionately paid out of each appropriate county fund if the public
defender serves more than one county.  Deletes existing text regarding an
annual salary. 

(h)  Authorizes a public defender to employ attorneys, licensed
investigators, and other personnel necessary to perform the duties of
public defender as specified by the commissioners court or commissioners
courts under Subsection (b)(1). 

(i)  Reletters existing text of Subsection (d) as Subsection (i), and
amends as follows. Prohibits the chief public defender or an attorney
employed by a public defender from engaging in the private practice of
criminal law, or accepting anything of value not authorized by this article
for services rendered under this article. 

(j)  Authorizes a public defender to refuse an appointment under Article
26.04(f) if certain conditions exist. 

(k)  Reletters existing text of Subsection (e) as Subsection (k), and
amends as follows. Authorizes the judge to remove a public defender who
violates a provision of Subsection (i), rather than Subsection (d) of this
article. 

(l)  Deletes existing text of Subsections (f).  Reletters existing text of
Subsection (g) as Subsection (l).   

(m)  Reletters existing text of Subsection (h) as Subsection (m), and
amends as follows. Provides that if it is necessary that an attorney other
than a public defender be, rather than is appointed, the attorney is
entitled to the compensation provided by Article 26.05.  Deletes existing
text of Subsections (i) - (j). 

SECTION 8.  Amends Article 26.05, Code of Criminal Procedure, as follows:

(a)  Requires a counsel, other than an attorney with a public defender,
rather than public defender's office, appointed to represent a defendant in
a criminal proceeding, including a habeas corpus hearing, to be paid a
reasonable attorney's fee for performing certain services, based on the
time and labor required, the complexity of the case, and the experience and
ability  of the appointed counsel. 

(b)  Requires all payments made under this article to be paid in accordance
with a schedule of fees adopted by formal action of the judges of the
county courts, statutory county courts, and district courts trying criminal
cases in each county.  Requires a copy of the schedule, on adoption of a
schedule of fees as provided by this subsection, to be sent to the
commissioners court of the count.  Deletes existing text regarding certain
counties adoption of a schedule. 

(c)  Requires each fee schedule adopted to state, rather than to include,
reasonable fixed rates or minimum and maximum hourly rates, taking into
consideration reasonable and necessary overhead costs and the availability
of qualified attorneys willing to accept the stated rates, and to provide a
form for the appointed counsel to itemize, rather than to report,  the
types of services performed.  Prohibits payment from being made under this
article, rather than section, until the form for itemizing, rather than
reporting, the services performed is submitted to the judge presiding over
the proceedings and the judge approves the payment.  Requires the judge, if
the judge disapproves the requested amount of payment, to make written
findings stating the amount of payment that the judge approves and each
reason for approving an amount different from the requested amount.
Authorizes an attorney whose request for payment is disapproved to appeal
the disapproval by filing a motion with the presiding judge of the
administrative judicial region.  Requires the presiding judge of the
administrative judicial region, on the filing of a motion, to review the
disapproval of payment and determine the appropriate amount of payment.
Authorizes the presiding judge to conduct a hearing in reviewing the
disapproval. Requires the commissioners court, not later than the 45th day
after the date the application for payment of a fee is submitted under this
article, to pay to the appointed counsel the amount approved by the
presiding judge of the administrative judicial region and that is in
accordance with the fee schedule for that county.  Deletes existing text
regarding approval by the court. 

(d)  Requires a counsel in a noncapital case, other than an attorney with a
public defender, appointed to represent a defendant under this code to be
reimbursed for reasonable and necessary expenses, including expenses for
investigation and for mental health and other experts.  Requires expenses
incurred with prior court approval to be reimbursed in the same manner
provided for capital cases by Articles 26.052(f) and (g).  Requires
expenses incurred without prior court approval to be reimbursed in the
manner provided for capital cases by Article 26.052(h). 

(e)  Authorizes a majority of the judges of the county courts and statutory
county courts of the district courts, as appropriate, trying criminal cases
in the county to remove an attorney from consideration for appointment if,
after a hearing it is shown that the attorney submitted a claim for legal
services not performed by the attorney 

 (f)  Reletters existing text of Subsection (d) as Subsection (f).

(g)  Reletters existing text of Subsection (e) as Subsection (g).  Requires
the court to order the defendant to pay during the pendency of the charges
or, if convicted, as court costs the amount that it finds the defendant is
able to pay if the court determines that a defendant has financial
resources that enable him to offset in part or in whole the costs of the
legal services provided, including any expenses and costs. 

(h)    Reletters existing text of Subsection (f) as Subsection (h).  Makes
a nonsubstantive citation change. 

SECTION 9.  Amends Article 26.052, Code of Criminal Procedure, by amending
Subsections (d) and (e) and adding Subsection (m), as follows: 

(d)  Requires the local selection committee (committee) to adopt standards
for the qualifications  of attorneys to be appointed to represent indigent
defendants in capital cases in which the death penalty is sought.  Deletes
existing text regarding appointment to death penalty cases.  Sets forth
requirements of an attorney appointed to a death penalty case the standards
must include. Requires the committee to prominently post the standards in
each district clerk's office in the region with a list of attorneys
qualified for appointment.  Requires an attorney, not later than the second
anniversary of the date the attorney is placed on the list of attorneys
qualified for appointment in death penalty cases and each year following
the second anniversary, to present proof to the committee that the attorney
has successfully completed the minimum continuing legal education
requirements of the State Bar of Texas, including a course or other form of
training relating to the defense of death penalty cases.  Requires the
committee to remove the attorney's name from the list of qualified
attorneys if the attorney fails to provide the committee with proof of
completion of the course or other training. 

(e)  Requires the presiding judge of the district court in which a capital
felony case is filed to appoint two attorneys, at least one of whom must be
qualified under this chapter, rather than counsel, to represent an indigent
defendant as soon as practicable after charges are filed, unless the state
gives notice in writing that the state will not seek the death penalty.
Deletes existing text regarding appointment for death penalty cases. 

(m)  Requires the committee to annually review the list of attorneys posted
under Subsection (d) to ensure that each listed attorney satisfies the
requirements under this chapter. 

SECTION 10.  Amends Article 102.075(h), Code of Criminal Procedure, to
require the comptroller to deposit money received under this article to the
credit of certain specific accounts in the general revenue fund according
to certain specified percentages, including to the fair defense account at
13.98 percent. 

SECTION 11.  Amends Chapter 51, Family Code, by adding Section 51.101, as
follows: 

Sec. 51.101.  APPOINTMENT OF COUNSEL PLAN.  (a)  Requires the juvenile
board of each county to adopt a plan containing certain information and
with certain functions. 

  (b)  Sets forth criteria for a plan adopted under Subsection (a).

SECTION 12.  Amends Section 71.001, Government code, to define "ad hoc
assigned counsel program," "contract defender program," "crime,"
"defendant," "indigent defense support services," "juvenile offense," and
"public defender." 

SECTION 13.  Amends Chapter 71C, Government Code, by adding Section
71.0351, as follows: 

Sec. 71.0351.  INDIGENT DEFENSE INFORMATION.  (a)  Requires a copy of all
formal and informal rules and forms that describe the procedures used in
the county to provide indigent defendants with counsel in accordance with
the Code of Criminal Procedure, including the schedule of fees, not later
than January 1 of each year, in each county, to be prepared and sent to the
Office of Court Administration (OCA) of the Texas Judicial System (TJS) in
the form and manner prescribed by OCA.  Requires the local administrative
district judge in each county, or the person designated by the judge,
except as provided by Subsection (b), to prepare and send to OCA a copy of
all rules and forms adopted by the judges of the district courts trying
felony cases in the county.  Requires the local administrative statutory
county court judge in each county, or the person designated by the judge,
to prepare and send to OCA a copy of all rules and forms adopted by the
judges of the county courts and statutory courts trying misdemeanor cases
in the county. 

(b)  Requires the local administrative judge serving the courts having the
jurisdiction over offenses with the highest classification of punishment,
or the person designated by the judge, to prepare and send to OCA a copy of
the rules and forms if the judges of  two or more levels of courts adopt
the same formal and informal rules and forms as described by Subsection
(a). 

(c)  Requires the county auditor, or the person designated by the
commissioners court if the county does not have a county auditor, in each
county, to prepare and send to OCA in the form and manner prescribed by the
office and on a monthly, quarterly, or annual basis, with respect to legal
services provided in the county to indigent defendants during each fiscal
year, certain specific information. 
 
(d)  Requires each district and county clerk, as a duty of office, to
cooperate with the county auditor or the person designated by the
commissioners court and the commissioners court in retrieving information
required to be sent to OCA under this section and under a reporting plan
developed by the Task Force on Indigent Defense under Section 71.061(a). 

(e)  Requires OCA, on receipt of information required under this section,
to forward the information to the Task Force on Indigent Defense. 

SECTION 14.  Amends Chapter 71, Government Code, by adding Subchapter D, as
follows: 

SUBCHAPTER D.  TASK FORCE ON INDIGENT DEFENSE.

Sec. 71.051.  ESTABLISHMENT OF TASK FORCE; COMPOSITION.  Provides that the
Task Force on Indigent Defense (task force) is established as a standing
committee on the Texas Judicial Council (council) and is composed of eight
ex officio members and five appointive members.   

Sec. 71.052.  EX OFFICIO MEMBERS.  Sets forth the composition of the ex
officio members of the task force. 

Sec. 71.053.  APPOINTMENTS.  (a)  Requires the governor to appoint with the
advice and consent of the senate five members of the task force.  Sets
forth the composition of the governor's appointees to the task force. 

(b)  Provides that the members serve staggered terms of two years, with two
members' terms expiring February 1 of each odd-numbered year and two
members' terms expiring February 1 of each even-numbered year. 

(c)  Requires the governor, in making appointments to the task force, to
attempt to reflect the geographic and demographic diversity of the state. 

(d)  Prohibits a person from being appointed to the task force if the
person is required to register as a lobbyist under Chapter 305 because of
the person's activities for compensation on behalf of a profession related
to the operation of the task force or the council. 

Sec. 71.054.  VACANCIES.  Requires a vacancy on the task force to be filled
for the unexpired term in the same manner as the original appointment.
Requires an appointment to fill a vacancy to be made not later than the
90th day after the date the vacancy occurs. 

Sec. 71.055.  MEETINGS; QUORUM; VOTING.  (a)  Requires the task force to
meet at least quarterly and at such times as it deems necessary or
convenient to perform its duties. 

(b)  Provides that six members of the task force constitute a quorum for
purposes of transacting task force business.  Authorizes the task force to
act only on the  concurrence of five task force members or a majority of
the task force members present, whichever number is greater.  Authorizes
the task force to develop policies and standards under Section 71.060 only
on the concurrence of seven task force members. 

(c)  Provides that a task force member is entitled to vote on any matter
before the task force, except as otherwise provided by rules adopted by the
task force and ratified by the council. 

Sec. 71.056.  COMPENSATION.  Prohibits a task force member from receiving
compensation for services on the task force but is entitled to be
reimbursed for actual and necessary expenses incurred in discharging the
member's duties as a task force member. Provides that the expenses are paid
from funds appropriated to the task force. 

Sec. 71.057.  BUDGET.  (a)  Requires the task force's budget to be a part
of the budget for the council.  Requires the task force, in preparing a
budget and presenting the budget to the legislature, to consult with the
executive director of the officer of court administration. 

(b)  Authorizes the task force's budget to include money for personnel who
are employees of the council but who are assigned to assist the task force
in performing its duties. 

(c)  Prohibits the executive director of the office of court administration
from reducing or modifying the task force's budget or use funds
appropriated to the task force without the approval of the task force. 

Sec. 71.058.  FAIR DEFENSE ACCOUNT.  Provides that the fair defense account
is an account in the general revenue fund.  Authorizes the fair defense
account to be appropriated only for the purposes of implementing this
subchapter. 

Sec. 71.059.  ACCEPTANCE OF GIFTS, GRANTS, AND OTHER FUNDS; STATE GRANTS
TEAM.  (a)  Authorizes the task force to accept gifts, grants, and other
funds from any public or private source to pay expenses incurred in
performing its duties under this subchapter. 

(b)  Authorizes the State Grant Team of the Governor's Office of Budget and
Planning to assist the task force in identifying grants and other resources
available for use by the task force in performing its duties under this
subchapter. 

Sec. 71.060.  POLICIES AND STANDARDS.  (a)  Requires the task force to
develop policies and standards for providing legal representation and other
defense services to indigent defendants at trial, on appeal, and in
postconviction proceedings.  Authorizes the policies and standards to
include certain functions and considerations. 

  (b)  Requires the task force to submit policies and standards developed
under  
  Subsection (a) to the council for ratification.

(c)  Requires any qualification standards adopted by the task force under
Subsection (a) that relates to the appointment of counsel in a death
penalty case must be consistent with the standards specified under Article
26.052(d), Code of Criminal Procedure. Prohibits an attorney who is
identified by the task force as not satisfying performance or qualification
standards adopted by the task force under Subsection (a) from accepting an
appointment in a capital case. 

Sec. 71.061.  COUNTY REPORTING PLAN; TASK FORCE REPORTS.  (a)  Requires the
task force to develop a plan that establishes statewide requirements for
counties relating to  reporting indigent defense information.  Requires the
plan to include certain provisions. Requires the task force to use the
information reported by a county to monitor the effectiveness of the
county's indigent defense policies, standards, and procedures and to ensure
compliance by the county with the requirements of state law relating to
indigent defense.  Authorizes the task force to revise the plan as
necessary to improve monitoring of indigent defense policies, standards,
and procedures in this state. 

(b)  Requires the task force to annually submit to the governor, lieutenant
governor, speaker of the house of representatives, and council and to
publish in written and electronic form a report containing certain specific
information regarding certain matters. 

(c)  Requires the task force to annually submit to the Legislative Budget
Board and council and to publish in written and electronic form a detailed
report of all expenditures made under this subchapter, including
distributions under Section 71.062. 

(d)  Authorizes the task force to issue other reports relating to indigent
defense as determined to be appropriate by the task force. 

Sec. 71.062.  TECHNICAL SUPPORT; GRANTS.  (a)  Requires the task force to:

     _provide technical support to assist counties in improving their
indigent defense system and promote compliance by counties with the
requirements of state law relating to indigent defense; 

     _direct the comptroller to distribute funds, including grants, to
counties to provide indigent defense services  in the county; and  

     _monitor each county that receives a grant and enforce compliance by
the county with the conditions of the grant, including enforcement by
directing the comptroller to withdraw grant funds or require reimbursement
of grant funds by the county. 

(b)  Requires the task force to direct the comptroller to distribute funds
as required by Subsection (a)(2) based on a county's compliance with
standards developed by the task force and the county's demonstrated
commitment to compliance with the requirements of state law relating to
indigent defense. 

(c)  Requires the task force to develop policies to ensure that funds under
Subsection (a)(2) are allocated and distributed to counties in a fair
manner.. 

(d)  Prohibits a county from reducing the amount of funds provided for
indigent defense services in the county because of funds provided by the
task force under this section. 

Sec. 71.063.  IMMUNITY FROM LIABILITY.  Provides that the task force or a
member of the task force performing duties on behalf of the task force is
not liable for damages arising from an act or omission within the scope of
the duties of the task force. 

SECTION 15.  Repealers:  

 _Section 26.041(Assistance for Court-Appointed Counsel in Harris County),
Code of Criminal Procedure. 

 _Section 26.042 (Tarrant County Public Defender), Code of Criminal
Procedure. 

  _Section 26.043 (Public Defender in Wichita County), Code of Criminal
Procedure. 

 _Section 26.045 (Public Defender in 33rd Judicial District, Public
Defender in Colorado County), Code of Criminal Procedure. 

 _Section 26.046 (Public Defender in Webb County), Code of Criminal
Procedure. 

 _Section 26.047 (Public Defender in Colorado County), Code of Criminal
Procedure. 

 _Section 26.048 (Public Defender in Cherokee County), Code of Criminal
Procedure. 

 _Section 26.049 (Public Defender in Tom Green County), Code of Criminal
Procedure. 

 _Section 26.050 (Public Defender in 293rd and 365th Judicial Districts),
Code of Criminal Procedure. 

 _Section 26.053 (Public Defender in Randall County), Code of Criminal
Procedure, as added by S.B. 1789, 77th Legislature, Regular Session, 2001. 

 _Section 26.054 (Public Defender in Potter County), Code of Criminal
Procedure, as added by S.B. 1781, 77th Legislature, Regular Session, 2001. 

 _Section 26.058 (Public Defender in Aransas County), Code of Criminal
Procedure. 

SECTION 16.  Makes application of this Act prospective. 

SECTION 17.  Authorizes a county having established a public defender under
a statute repealed or amended by this Act to continue the existence and
operation of the public defender under the terms of the repealed or amended
statute as that statute existed immediately before the effective date of
this Act if the public defender is a governmental entity or nonprofit
corporation described by Article 26.044(a), Code of Criminal Procedure, as
amended by this Act.  Makes application of the change in law made by this
Act to Article 26.044, Code of Criminal Procedure, to the appointment of a
public defender, prospective. 

SECTION 18.  Sets forth provisions regarding the application of Section
71.0351, Government Code, as added by this Act. 

SECTION 19.  Sets forth provisions regarding the appointments by the
governor to the task force, including initial appointment and term. 

SECTION 20.  Sets forth provisions regarding the application of Article
26.052(d), Code of Criminal Procedure, as amended by this Act, including
the appointment of an attorney to a death penalty case. 

SECTION 21.  Makes application of Article 102.075(h), Code of Criminal
Procedure, as amended by this Act, prospective. 

SECTION 22.  Effective date: January 1, 2002.