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.