SRC-SEW S.B. 1781 77(R)BILL ANALYSIS


Senate Research CenterS.B. 1781
By: Bivins
Intergovernmental Relations
6/14/2001
Enrolled


DIGEST AND PURPOSE 

Currently, when a court determines that a defendant charged with a felony
or misdemeanor punishable by imprisonment is indigent or that the interest
of justice requires representation of a defendant in a criminal proceeding,
the court is required to appoint one or more practicing attorneys to defend
him. However, several counties in the state, including Potter County, have
requested new statutes to allow them to establish a public defender's
office to allow for a more efficient process.  S.B. 1781 allows the Potter
County Commissioners Court to establish a public defender's office in the
event the commissioners court determines that the establishment of such an
office would result in adequate representation of indigent individuals who
are entitled to taxpayer-funded legal representation at less expense than
the current system of appointing local attorneys to represent indigent
individuals.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 26, Code of Criminal Procedure, by adding
Article 26.054, as follows: 

Art. 26.054.  PUBLIC DEFENDER IN POTTER COUNTY. (a) Authorizes the
Commissioners Court of Potter County to appoint an attorney to serve as a
public defender and provides that the public defender serves at the
pleasure of the commissioners court. 
 
(b)  Sets forth eligibility requirements for appointment as a public
defender. 
  
(c)  Authorizes the public defender to employ certain personnel, with the
approval of the commissioners court.  Requires an assistant public defender
to be a licensed attorney and authorizes an assistant public defender to
perform the duties of a public defender under this article. 
 
(d)  Provides that Chapter 152B (Amount of Compensation, Expenses, and
Allowances Generally Applicable), Local Government Code, applies to the
compensation of personnel and the payment of office expenses in the public
defender's office. 

(e)  Prohibits a public defender or an assistant public defender from
performing certain functions except as authorized by this article. 
  
(f)  Authorizes the commissioners court to remove a public defender or an
assistant public defender who violates Subsection (e). 
 
(g)  Requires the public defender or an assistant public defender to
represent indigent  persons who meet certain requirements. 
  
(h)  Authorizes the commissioners court to specify other types of cases in
which the public defender or an assistant public defender is authorized to
represent indigent persons. 

(i)  Authorizes the public defender or an assistant public defender to
investigate the financial condition of any person the public defender is
appointed to represent. Requires the public defender to report the results
of the investigation to the appointing judge.  Authorizes the judge to hold
a hearing to determine if the person is indigent and entitled to
representation under this article. 
 
(j)  Authorizes the judge, under certain conditions, to appoint another
attorney to represent the person.  Requires the attorney to be licensed to
practice law in this state and provides that the attorney is entitled to
the compensation provided by Article 26.05. 
 
(k)  Authorizes the commissioners court to accept gifts and grants from any
source to finance an adequate and effective public defender program. 
 
SECTION 2.  Effective date: upon passage or September 1, 2001.