SRC-JBJ C.S.S.B. 7 77(R) BILL ANALYSIS
Senate Research Center C.S.S.B. 7
77R10997 JMC-DBy: Ellis, Rodney
Criminal Justice
4/2/2001
Committee Report (Substituted)
DIGEST AND PURPOSE
Currently, 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. C.S.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 13 (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 Subsection (i) and (j), 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 requires appointed counsel, 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 to appoint counsel for an
indigent defendant as required by Subsection (c) regardless of whether
charges have been filed against the defendant.
(j) 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) 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 in a manner understood by the person and to cause to be provided to
the person at the same time reasonable assistance in completing the
necessary forms for requesting appointment of counsel. 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, regardless of whether charges have been
filed against the person. 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 appointments 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 or other documentation as authorized by procedures adopted in
the county under Article 26.04(a).
SECTION 5. 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 county-wide 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, except as provided by
Subsections (f), (g), (h), and (i), to appoint an attorney from a public
appointment list using a system of rotation. 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 accused of,
rather than 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 the procedures adopted under Subsection (a), regardless of
whether charges have been filed against 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 county-wide 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 and trying criminal cases in a county 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. 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. 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. 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).
SECTION 6. 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) Provides that a public defender serves at the pleasure of the
commissioners court or commissioners courts.
(k) Authorizes a public defender to refuse an appointment under Article
26.04(f) if certain conditions exist.
(l) Deletes existing text of Subsections (e) and (f). Reletters existing
text of Subsection (g) as Subsection (l). Deletes existing text of
Subsection (h) - (j).
SECTION 7. 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. 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 overhead costs and customary rates charged for similar legal
services in the community, 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. Deletes existing text regarding
approval by the court.
(d) Requires a counsel in a non-capital case, other than an attorney with
a public defender, appointed to represent a defendant under this code to be
reimbursed for reasonable 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) Reletters existing text of Subsection (d) as Subsection (e).
(f) Reletters existing text of Subsection (e) as Subsection (f). 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.
(g) Reletters existing text of Subsection (f) as Subsection (g). Makes
a nonsubstantive citation change.
SECTION 8. 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, to present proof to the
committee that the attorney has successfully completed a course or other
form of training relating to the defense of death penalty cases that is
acceptable to the committee. 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 9. 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 10. 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 11. Amends Section 71.001, Government code, by adding Subdivisions
(3) - (7), to define "crime," "defendant," "indigent defense support
services," "juvenile offense," and "public defender."
SECTION 12. 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 the office of
court administration 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 the office of court
administration 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 the office of
court administration 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 the office of court administration in the
form and manner prescribed by the office certain specific information.
(d) Authorizes the information required under Subsection (c) to be
provided on a monthly, quarterly, or annual basis. Requires the
information required under Subsection (c) to also include for each analysis
under that subsection the number of cases for which the amount was
expended, if available.
(e) Requires the crime records service of the Department of Public Safety
(department) to prepare and send to the office of court administration in
the form and manner prescribed by the office the following information with
respect to legal services provided in each county to indigent defendants
during each fiscal year certain specific information.
(f) 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 the office of court administration under Subsection
(c).
(g) Requires the office of court administration, on receipt of information
required under this section, to forward the information to the Task Force
on Indigent Defense.
SECTION 13. 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 four 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 four 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. 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.
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. REPORTS. (a) 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.
(b) 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.
(c) 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; DISTRIBUTION OF FUNDS. (a) Requires the
task force to:
_provide technical support to assist counties in improving their
indigent defense system;
_establishing a method for fairly allocating funds to counties that
appropriately weighs certain factors; and
_review each county's indigent defense system and determine whether
the county is eligible for a distribution of funds under Subsection (c).
(b) Provides that a county is eligible for a distribution of funds under
Subsection (c) only if certain specific conditions are met.
(c) Requires the comptroller to distribute funds to counties that are
eligible for a distribution of funds as determined by the task force under
Subsection (a)(3). Requires the funds to be distributed in accordance with
the methodology established by the task force under Subsection (a)(2).
(d) Requires the comptroller to monitor each county that receives a
distribution of funds under Subsection (c) to ensure compliance by the
county with the conditions of the distribution. Authorizes the
comptroller, in ensuring compliance by a county, to withdraw funds or
require reimbursement of funds by the county.
SECTION 14. 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 26.058 (Public Defender in Aransas County), Code of Criminal
Procedure.
SECTION 15. Makes application of this Act prospective.
SECTION 16. 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 17. Sets forth provisions regarding the application of Section
71.0351, Government Code, as added by this Act.
SECTION 18. Sets forth provisions regarding the appointments by the
governor to the task force, including initial appointment and term.
SECTION 19. 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 20. Makes application of Article 102.075(h), Code of Criminal
Procedure, as amended by this Act, prospective.
SECTION 21. Sets forth provisions regarding the task force's submission to
the Legislative Budget Board of a report on the distribution of funds under
Section 71.062, Government Code, as added by this Act, and a report to the
legislature pertaining to a regular program for distributing funds.
SECTION 22. Effective date: January 1, 2002.
SUMMARY OF COMMITTEE CHANGES
Differs from the original by amending the relating clause.
Adds a new SECTION 1 and renumbers previously proposed SECTION 1 as SECTION
2, as follows.
SECTION 2. Differs from the original by amending previously proposed
changes to provisions regarding indigent defendants.
SECTION 3. Renumbers previously proposed SECTION 2 as SECTION 3. Differs
from the original by amending previously proposed changes to provisions
regarding the procedures for the person making the arrest or the person
having custody of the person arrested.
SECTION 4. Renumbers previously proposed SECTION 3 as SECTION 4. Differs
from the original by amending previously proposed changes to provisions
regarding the procedure for the delivery of certain information and rights
to a person arrested, including information regarding appointment of
counsel.
SECTION 5. Renumbers previously proposed SECTION 4 as SECTION 5. Differs
from the original by amending previously proposed changes to provisions
regarding the procedures for the appointment of counsel for indigent
defendants.
SECTION 6. Renumbers previously proposed SECTION 5 as SECTION 6. Differs
from the original by amending previously proposed changes to provisions
regarding the selection, appointment, duties, and funding of a public
defender.
SECTION 7. Renumbers previously proposed SECTION 6 as SECTION 7. Differs
from the original by amending previously proposed changes to provisions
regarding the compensation of counsel appointed to defend.
SECTION 8. Renumbers previously proposed SECTION 17 as SECTION 8. Differs
from the original by amending previously proposed changes to provisions
regarding the qualifications and standards for attorneys to be appointed to
represent indigent defendants.
Adds new SECTIONS 9 - 11.
SECTION 12. Renumbers previously proposed SECTION 7 as SECTION 12.
Differs from the original by amending previously proposed changes to
provisions regarding the collection, administration, and reporting of
indigent defense information.
Adds a new SECTION 13.
SECTION 14. Renumbers previously proposed SECTION 8 as SECTION 14 with no
changes.
SECTION 15. Renumbers previously proposed SECTION 9 as SECTION 15.
Differs from the original by amending previously proposed provisions
regarding the prospective application of this Act.
Adds a new SECTION 16.
SECTION 17. Renumbers previously proposed SECTION 10 as SECTION 17.
Differs from the original by amending previously proposed provisions
regarding the reporting of certain information by certain entities to
certain entities as required by this Act.
Adds new SECTIONS 18 - 21.
SECTION 22. Renumbers previously proposed SECTION 12 as SECTION 22 and
amends the previously proposed effective date of this Act from September 1,
2001, to January 1, 2002.
Deletes previously proposed SECTION 11, amending Title 2, Government Code,
and SECTION 13, relating to the emergent conditions requiring immediate
consideration of this legislation.