By Gallego H.B. No. 797 77R1399 JMC-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to certain pretrial requirements regarding persons accused 1-3 of crime who remain confined pending trial. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Article 1.051(c), Code of Criminal Procedure, is 1-6 amended to read as follows: 1-7 (c) An indigent defendant is entitled to have an attorney 1-8 appointed to represent him in any adversary judicial proceeding 1-9 that may result in punishment by confinement and in any other 1-10 criminal proceeding if the court concludes that the interests of 1-11 justice require representation. If an indigent defendant is 1-12 entitled to and requests appointed counsel, the court shall appoint 1-13 counsel to represent the defendant as soon as possible. If the 1-14 indigent defendant remains confined after a hearing under Article 1-15 15.17, the court shall appoint counsel not later than the 20th day 1-16 after the date of the hearing. 1-17 SECTION 2. Chapter 15, Code of Criminal Procedure, is 1-18 amended by adding Article 15.28 to read as follows: 1-19 Art. 15.28. NOTICE OF CONFINEMENT. If an accused remains 1-20 confined after a hearing under Article 15.17, the law enforcement 1-21 agency having custody of the accused shall notify the court in 1-22 which the accused is required to appear for arraignment of the 1-23 confinement not later than 72 hours after the hearing. 1-24 SECTION 3. This Act takes effect September 1, 2001, and 2-1 applies only to a defendant charged with having committed an 2-2 offense on or after the effective date of this Act and to the 2-3 appointment of counsel for that defendant. A defendant charged 2-4 with having committed an offense before the effective date of this 2-5 Act is covered by the law in effect when the offense was committed, 2-6 and the former law is continued in effect for that purpose.