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.