77R14236 E
By Ellis, et al. S.B. No. 7
Substitute the following for S.B. No. 7:
By Hinojosa C.S.S.B. No. 7
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the period during which a person arrested is required
1-3 to be taken before a magistrate and to the appointment and
1-4 compensation of counsel to represent indigent persons accused of
1-5 crime.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. This Act may be known as the Texas Fair Defense
1-8 Act.
1-9 SECTION 2. Article 1.051, Code of Criminal Procedure, is
1-10 amended by amending Subsection (c) and adding Subsections (i) and
1-11 (j) to read as follows:
1-12 (c) An indigent defendant is entitled to have an attorney
1-13 appointed to represent him in any adversary judicial proceeding
1-14 that may result in punishment by confinement and in any other
1-15 criminal proceeding if the court concludes that the interests of
1-16 justice require representation. Except as otherwise provided by
1-17 this subsection, if [If] an indigent defendant is entitled to and
1-18 requests appointed counsel and if adversarial judicial proceedings
1-19 have been initiated against the defendant, a [the] court or the
1-20 courts' designee authorized under Article 26.04 to appoint counsel
1-21 for indigent defendants in the county shall appoint counsel [to
1-22 represent the defendant] as soon as possible, but not later than
1-23 the end of the third working day after the date on which the court
1-24 or the courts' designee receives the defendant's request for
2-1 appointment of counsel. In a county with a population of 250,000
2-2 or more, the court or the courts' designee shall appoint counsel as
2-3 required by this subsection as soon as possible, but not later than
2-4 the end of the first working day after the date on which the court
2-5 or the courts' designee receives the defendant's request for
2-6 appointment of counsel.
2-7 (i) Except as otherwise provided by this subsection, if an
2-8 indigent defendant is entitled to and requests appointed counsel
2-9 and if adversarial judicial proceedings have not been initiated
2-10 against the defendant, a court or the courts' designee authorized
2-11 under Article 26.04 to appoint counsel for indigent defendants in
2-12 the county shall appoint counsel immediately following the
2-13 expiration of three working days after the date on which the court
2-14 or the courts' designee receives the defendant's request for
2-15 appointment of counsel. In a county with a population of 250,000
2-16 or more, the court or the courts' designee shall appoint counsel as
2-17 required by this subsection immediately following the expiration of
2-18 one working day after the date on which the court or the courts'
2-19 designee receives the defendant's request for appointment of
2-20 counsel.
2-21 (j) A court or the courts' designee may without unnecessary
2-22 delay appoint new counsel to represent an indigent defendant for
2-23 whom counsel is appointed under Subsection (c) or (i) if:
2-24 (1) the defendant is subsequently charged in the case
2-25 with an offense different from the offense with which the defendant
2-26 was initially charged; and
2-27 (2) good cause to appoint new counsel is stated on the
3-1 record as required by Article 26.04(j)(2).
3-2 SECTION 3. Article 14.06(a), Code of Criminal Procedure, is
3-3 amended to read as follows:
3-4 (a) Except as provided by Subsection (b), in each case
3-5 enumerated in this Code, the person making the arrest or the person
3-6 having custody of the person arrested shall take the person
3-7 arrested or have him taken without unnecessary delay, but not later
3-8 than 48 hours after the person is arrested, before the magistrate
3-9 who may have ordered the arrest, before some magistrate of the
3-10 county where the arrest was made without an order, or, if necessary
3-11 to provide more expeditiously to the person arrested the warnings
3-12 described by Article 15.17 of this Code, before a magistrate in a
3-13 county bordering the county in which the arrest was made. The
3-14 magistrate shall immediately perform the duties described in
3-15 Article 15.17 of this Code.
3-16 SECTION 4. Article 15.17, Code of Criminal Procedure, is
3-17 amended by amending Subsection (a) and adding Subsections (e) and
3-18 (f) to read as follows:
3-19 (a) In each case enumerated in this Code, the person making
3-20 the arrest or the person having custody of the person arrested
3-21 shall without unnecessary delay, but not later than 48 hours after
3-22 the person is arrested, take the person arrested or have him taken
3-23 before some magistrate of the county where the accused was arrested
3-24 or, if necessary to provide more expeditiously to the person
3-25 arrested the warnings described by this article, before a
3-26 magistrate in a county bordering the county in which the arrest was
3-27 made. The arrested person may be taken before the magistrate in
4-1 person or the image of the arrested person may be broadcast by
4-2 closed circuit television to the magistrate. The magistrate shall
4-3 inform in clear language the person arrested, either in person or
4-4 by closed circuit television, of the accusation against him and of
4-5 any affidavit filed therewith, of his right to retain counsel, of
4-6 his right to remain silent, of his right to have an attorney
4-7 present during any interview with peace officers or attorneys
4-8 representing the state, of his right to terminate the interview at
4-9 any time, [of his right to request the appointment of counsel if he
4-10 is indigent and cannot afford counsel,] and of his right to have an
4-11 examining trial. The magistrate shall also inform the person
4-12 arrested of the person's right to request the appointment of
4-13 counsel if the person cannot afford counsel. The magistrate shall
4-14 inform the person arrested of the procedures for requesting
4-15 appointment of counsel in a manner understood by the person. If
4-16 the person does not speak and understand the English language or is
4-17 deaf, the magistrate shall inform the person in a manner consistent
4-18 with Articles 38.30 and 38.31, as appropriate. The magistrate
4-19 shall ensure that reasonable assistance in completing the necessary
4-20 forms for requesting appointment of counsel is provided to the
4-21 person at the same time. If the person arrested is indigent and
4-22 requests appointment of counsel and if the magistrate is authorized
4-23 under Article 26.04 to appoint counsel for indigent defendants in
4-24 the county, the magistrate shall appoint counsel in accordance with
4-25 Article 1.051. If the magistrate is not authorized to appoint
4-26 counsel, the magistrate shall without unnecessary delay, but not
4-27 later than 24 hours after the person arrested requests appointment
5-1 of counsel, transmit, or cause to be transmitted to the court or to
5-2 the courts' designee authorized under Article 26.04 to appoint
5-3 counsel in the county, the forms requesting the appointment of
5-4 counsel. The magistrate [He] shall also inform the person arrested
5-5 that he is not required to make a statement and that any statement
5-6 made by him may be used against him. The magistrate shall allow the
5-7 person arrested reasonable time and opportunity to consult counsel
5-8 and shall admit the person arrested to bail if allowed by law. A
5-9 closed circuit television system may not be used under this
5-10 subsection unless the system provides for a two-way communication
5-11 of image and sound between the arrested person and the magistrate.
5-12 A recording of the communication between the arrested person and
5-13 the magistrate shall be made. The recording shall be preserved
5-14 until the earlier of the following dates: (1) the date on which
5-15 the pretrial hearing ends; or (2) the 91st day after the date on
5-16 which the recording is made if the person is charged with a
5-17 misdemeanor or the 120th day after the date on which the recording
5-18 is made if the person is charged with a felony. The counsel for the
5-19 defendant may obtain a copy of the recording on payment of a
5-20 reasonable amount to cover costs of reproduction.
5-21 (e) In each case in which a person arrested is taken before
5-22 a magistrate as required by Subsection (a), a record shall be made
5-23 of:
5-24 (1) the magistrate informing the person of the
5-25 person's right to request appointment of counsel;
5-26 (2) the magistrate asking the person whether the
5-27 person wants to request appointment of counsel; and
6-1 (3) whether the person requested appointment of
6-2 counsel.
6-3 (f) A record required under Subsection (e) may consist of
6-4 written forms, electronic recordings, or other documentation as
6-5 authorized by procedures adopted in the county under Article
6-6 26.04(a).
6-7 SECTION 5. Article 26.04, Code of Criminal Procedure, is
6-8 amended to read as follows:
6-9 Art. 26.04. PROCEDURES FOR APPOINTING [COURT SHALL APPOINT]
6-10 COUNSEL. (a) The judges of the county courts, statutory county
6-11 courts, and district courts trying criminal cases in each county,
6-12 by local rule, shall adopt and publish written countywide
6-13 procedures for timely and fairly appointing counsel for an indigent
6-14 defendant in the county arrested for or charged with a misdemeanor
6-15 punishable by confinement or a felony. The procedures must be
6-16 consistent with this article and Articles 1.051, 15.17, 26.05, and
6-17 26.052. A court shall appoint an attorney from a public
6-18 appointment list using a system of rotation, unless the court
6-19 appoints an attorney under Subsection (f), (h), or (i). The court
6-20 shall appoint attorneys from among the next five names on the
6-21 appointment list in the order in which the attorneys' names appear
6-22 on the list, unless the court makes a finding of good cause on the
6-23 record for appointing an attorney out of order. An attorney who is
6-24 not appointed in the order in which the attorney's name appears on
6-25 the list shall remain next in order on the list.
6-26 (b) Procedures adopted under Subsection (a) shall:
6-27 (1) authorize only the judges of the county courts,
7-1 statutory county courts, and district courts trying criminal cases
7-2 in the county, or the judges' designee, to appoint counsel for
7-3 indigent defendants in the county;
7-4 (2) apply to each appointment of counsel made by a
7-5 judge or the judges' designee in the county;
7-6 (3) ensure that each indigent defendant in the county
7-7 who is charged with a misdemeanor punishable by confinement or with
7-8 a felony and who appears in court without counsel has an
7-9 opportunity to confer with appointed counsel before the
7-10 commencement of judicial proceedings;
7-11 (4) require appointments for defendants in capital
7-12 cases in which the death penalty is sought to comply with the
7-13 requirements under Article 26.052; and
7-14 (5) ensure that each attorney appointed from a public
7-15 appointment list to represent an indigent defendant perform the
7-16 attorney's duty owed to the defendant in accordance with the
7-17 adopted procedures, the requirements of this code, and applicable
7-18 rules of ethics.
7-19 (c) Whenever a [the] court or the courts' designee
7-20 authorized under Subsection (b) to appoint counsel for indigent
7-21 defendants in the county determines that a defendant charged with a
7-22 felony or a misdemeanor punishable by confinement [imprisonment] is
7-23 indigent or that the interests of justice require representation of
7-24 a defendant in a criminal proceeding, the court or the courts'
7-25 designee shall appoint one or more practicing attorneys to defend
7-26 the defendant in accordance with the procedures adopted under
7-27 Subsection (a) [him].
8-1 (d) A public appointment list from which an attorney is
8-2 appointed as required by Subsection (a) shall contain the names of
8-3 qualified attorneys, each of whom:
8-4 (1) applies to be included on the list;
8-5 (2) meets the objective qualifications specified by
8-6 the judges under Subsection (e);
8-7 (3) meets any applicable qualifications specified by
8-8 the Task Force on Indigent Defense; and
8-9 (4) is approved by a majority of the judges who
8-10 established the appointment list under Subsection (e).
8-11 (e) In a county in which a court is required under
8-12 Subsection (a) to appoint an attorney from a public appointment
8-13 list:
8-14 (1) the judges of the county courts and statutory
8-15 county courts trying misdemeanor cases in the county, by formal
8-16 action:
8-17 (A) shall:
8-18 (i) establish a public appointment list of
8-19 attorneys qualified to provide representation in the county in
8-20 misdemeanor cases punishable by confinement; and
8-21 (ii) specify the objective qualifications
8-22 necessary for an attorney to be included on the list; and
8-23 (B) may establish, if determined by the judges
8-24 to be appropriate, more than one appointment list graduated
8-25 according to the degree of seriousness of the offense and the
8-26 attorneys' qualifications; and
8-27 (2) the judges of the district courts trying felony
9-1 cases in the county, by formal action:
9-2 (A) shall:
9-3 (i) establish a public appointment list of
9-4 attorneys qualified to provide representation in felony cases in
9-5 the county; and
9-6 (ii) specify the objective qualifications
9-7 necessary for an attorney to be included on the list; and
9-8 (B) may establish, if determined by the judges
9-9 to be appropriate, more than one appointment list graduated
9-10 according to the degree of seriousness of the offense and the
9-11 attorneys' qualifications.
9-12 (f) In a county in which a public defender is appointed
9-13 under Article 26.044, the court or the courts' designee may appoint
9-14 the public defender to represent the defendant in accordance with
9-15 guidelines established for the public defender.
9-16 (g) A countywide alternative program for appointing counsel
9-17 for indigent defendants in criminal cases is established by a
9-18 formal action in which two-thirds of the judges of the courts
9-19 designated under this subsection vote to establish the alternative
9-20 program. An alternative program for appointing counsel in
9-21 misdemeanor and felony cases may be established in the manner
9-22 provided by this subsection by the judges of the county courts,
9-23 statutory county courts, and district courts trying criminal cases
9-24 in the county. An alternative program for appointing counsel in
9-25 misdemeanor cases may be established in the manner provided by this
9-26 subsection by the judges of the county courts and statutory county
9-27 courts trying criminal cases in the county. An alternative program
10-1 for appointing counsel in felony cases may be established in the
10-2 manner provided by this subsection by the judges of the district
10-3 courts trying criminal cases in the county. In a county in which
10-4 an alternative program is established:
10-5 (1) the alternative program may:
10-6 (A) use a single method for appointing counsel
10-7 or a combination of methods; and
10-8 (B) use a multicounty appointment list using a
10-9 system of rotation; and
10-10 (2) the procedures adopted under Subsection (a) must
10-11 ensure that:
10-12 (A) attorneys appointed using the alternative
10-13 program to represent defendants in misdemeanor cases punishable by
10-14 confinement:
10-15 (i) meet specified objective
10-16 qualifications, which may be graduated according to the degree of
10-17 seriousness of the offense, for providing representation in
10-18 misdemeanor cases punishable by confinement; and
10-19 (ii) are approved by a majority of the
10-20 judges of the county courts and statutory county courts trying
10-21 misdemeanor cases in the county;
10-22 (B) attorneys appointed using the alternative
10-23 program to represent defendants in felony cases:
10-24 (i) meet specified objective
10-25 qualifications, which may be graduated according to the degree of
10-26 seriousness of the offense, for providing representation in felony
10-27 cases; and
11-1 (ii) are approved by a majority of the
11-2 judges of the district courts trying felony cases in the county;
11-3 (C) appointments for defendants in capital cases
11-4 in which the death penalty is sought comply with the requirements
11-5 of Article 26.052; and
11-6 (D) appointments are reasonably and impartially
11-7 allocated among qualified attorneys.
11-8 (h) In a county in which an alternative program for
11-9 appointing counsel is established as provided by Subsection (g) and
11-10 is approved by the presiding judge of the administrative judicial
11-11 region, a court or the courts' designee may appoint an attorney to
11-12 represent an indigent defendant by using the alternative program.
11-13 In establishing an alternative program under Subsection (g), the
11-14 judges of the courts establishing the program may not, without the
11-15 approval of the commissioners court, obligate the county by
11-16 contract or by the creation of new positions that cause an increase
11-17 in expenditure of county funds.
11-18 (i) A court or the courts' designee required under
11-19 Subsection (c) to appoint an attorney to represent a defendant
11-20 accused of a felony may appoint an attorney from any county located
11-21 in the court's administrative judicial region.
11-22 (j) An attorney appointed under this article [subsection]
11-23 shall:
11-24 (1) make every reasonable effort to contact the
11-25 defendant not later than the end of the first working day after the
11-26 date on which the attorney is appointed and to interview the
11-27 defendant as soon as practicable after the attorney is appointed;
12-1 and
12-2 (2) represent the defendant until charges are
12-3 dismissed, the defendant is acquitted, appeals are exhausted, or
12-4 the attorney is relieved of his duties by the court or replaced by
12-5 other counsel after a finding of good cause is entered on the
12-6 record.
12-7 (k) A court may replace an attorney who violates Subsection
12-8 (j)(1) with other counsel. A majority of the judges of the county
12-9 courts and statutory county courts or the district courts, as
12-10 appropriate, trying criminal cases in the county may remove from
12-11 consideration for appointment an attorney who intentionally or
12-12 repeatedly violates Subsection (j)(1).
12-13 (l) Procedures adopted under Subsection (a) must include
12-14 procedures and financial standards for determining whether a
12-15 defendant is indigent. The procedures and standards shall apply to
12-16 each defendant in the county equally, regardless of whether the
12-17 defendant is in custody or has been released on bail.
12-18 (m) [(b)] In determining whether a defendant is indigent,
12-19 the court or the courts' designee may [shall] consider [such
12-20 factors as] the defendant's income, source of income, assets,
12-21 property owned, outstanding obligations, necessary expenses, the
12-22 number and ages of dependents, spousal income that is available to
12-23 the defendant, and the defendant's ability to obtain a loan[, and
12-24 whether the defendant has posted or is capable of posting bail].
12-25 The court or the courts' designee may not consider whether [deny
12-26 appointed counsel to a defendant solely because] the defendant has
12-27 posted or is capable of posting bail, except to the extent that it
13-1 reflects the defendant's financial circumstances as measured by the
13-2 considerations listed in this subsection.
13-3 (n) [(c)] A defendant who requests a determination of
13-4 indigency and appointment of counsel shall:
13-5 (1) complete under oath a questionnaire concerning his
13-6 financial resources;
13-7 (2) respond under oath to an examination regarding his
13-8 financial resources by the judge or magistrate responsible for
13-9 determining whether the defendant is indigent; or
13-10 (3) complete the questionnaire and respond to
13-11 examination by the judge or magistrate.
13-12 (o) [(d)] Before making a determination of whether a
13-13 defendant is indigent, the court shall request the defendant to
13-14 sign under oath a statement substantially in the following form:
13-15 "On this ________ day of ____________, 20 [19]___, I have been
13-16 advised by the (name of the court) Court of my right to
13-17 representation by counsel in the trial of the charge pending
13-18 against me. I certify that I am without means to employ counsel of
13-19 my own choosing and I hereby request the court to appoint counsel
13-20 for me. (signature of the defendant)"
13-21 (p) A defendant who is determined by the court to be
13-22 indigent is presumed to remain indigent for the remainder of the
13-23 proceedings in the case unless a material change in the defendant's
13-24 financial circumstances occurs. [(e)] If there is a material
13-25 change in financial circumstances after a determination of
13-26 indigency or nonindigency is made, the defendant, the defendant's
13-27 counsel, or the attorney representing the state may move for
14-1 reconsideration of the determination.
14-2 (q) [(f)] A written or oral statement elicited under this
14-3 article or evidence derived from the statement may not be used for
14-4 any purpose, except to determine the defendant's indigency or to
14-5 impeach the direct testimony of the defendant. This subsection
14-6 does not prohibit prosecution of the defendant under Chapter 37,
14-7 Penal Code.
14-8 SECTION 6. Article 26.044, Code of Criminal Procedure, is
14-9 amended to read as follows:
14-10 Art. 26.044. PUBLIC DEFENDER [IN COUNTY WITH FOUR COUNTY
14-11 COURTS AND FOUR DISTRICT COURTS]. (a) In this chapter, "public
14-12 defender" means a governmental entity or nonprofit corporation:
14-13 (1) operating under a written agreement with a
14-14 governmental entity, other than an individual judge or court;
14-15 (2) using public funds; and
14-16 (3) providing legal representation and services to
14-17 indigent defendants accused of a crime or juvenile offense, as
14-18 those terms are defined by Section 71.001, Government Code.
14-19 (b) The commissioners court of any county, on written
14-20 approval of a judge of a county court, statutory county court, or
14-21 district court trying criminal cases in the county, [having four
14-22 county courts and four district courts] may appoint a governmental
14-23 entity or nonprofit corporation [one or more attorneys] to serve as
14-24 a public defender. The commissioners courts of two or more
14-25 counties may enter into a written agreement to jointly appoint and
14-26 fund a regional [A] public defender [serves at the pleasure of the
14-27 commissioners court]. In appointing a public defender under this
15-1 subsection, the commissioners court shall specify or the
15-2 commissioners courts shall jointly specify, if appointing a
15-3 regional public defender:
15-4 (1) the duties of the public defender;
15-5 (2) the types of cases to which the public defender
15-6 may be appointed under Article 26.04(f) and the courts in which the
15-7 public defender may be required to appear;
15-8 (3) whether the public defender is appointed to serve
15-9 a term or serve at the pleasure of the commissioners court or the
15-10 commissioners courts; and
15-11 (4) if the public defender is appointed to serve a
15-12 term, the term of appointment and the procedures for removing the
15-13 public defender.
15-14 (c) Before appointing a public defender under Subsection
15-15 (b), the commissioners court or commissioners courts shall solicit
15-16 proposals for the public defender. A proposal must include:
15-17 (1) a budget for the public defender, including
15-18 salaries;
15-19 (2) a description of each personnel position,
15-20 including the chief public defender position;
15-21 (3) the maximum allowable caseloads for each attorney
15-22 employed by the proponent;
15-23 (4) provisions for personnel training;
15-24 (5) a description of anticipated overhead costs for
15-25 the public defender; and
15-26 (6) policies regarding the use of licensed
15-27 investigators and expert witnesses by the proponent.
16-1 (d) After considering each proposal for the public defender
16-2 submitted by a governmental entity or nonprofit corporation, the
16-3 commissioners court or commissioners courts shall select a proposal
16-4 that reasonably demonstrates that the proponent will provide
16-5 adequate quality representation for indigent defendants in the
16-6 county or counties.
16-7 (e) The total cost of the proposal may not be the sole
16-8 consideration in selecting a proposal.
16-9 (f) [(b)] To be eligible for appointment as a public
16-10 defender, the governmental entity or nonprofit corporation [a
16-11 person] must be directed by a chief public defender who:
16-12 (1) is [be] a member of the State Bar of Texas;
16-13 (2) has [have] practiced law for at least three years
16-14 [one year]; and
16-15 (3) has substantial [have] experience in the practice
16-16 of criminal law.
16-17 (g) A [(c) The] public defender is entitled to receive
16-18 funds for personnel costs and expenses incurred in operating as a
16-19 public defender in amounts [an annual salary in an amount] fixed
16-20 by the commissioners court and paid out of the appropriate county
16-21 fund, or jointly fixed by the commissioners courts and
16-22 proportionately paid out of each appropriate county fund if the
16-23 public defender serves more than one county.
16-24 (h) A public defender may employ attorneys, licensed
16-25 investigators, and other personnel necessary to perform the duties
16-26 of the public defender as specified by the commissioners court or
16-27 commissioners courts under Subsection (b)(1).
17-1 (i) [(d)] Except as authorized by this article, the chief
17-2 [a] public defender or an attorney employed by a public defender
17-3 may not:
17-4 (1) engage in the private practice of criminal law; or
17-5 (2) accept anything of value not authorized by this
17-6 article for services rendered under this article.
17-7 (j) A public defender may refuse an appointment under
17-8 Article 26.04(f) if:
17-9 (1) a conflict of interest exists;
17-10 (2) the public defender has insufficient resources to
17-11 provide adequate representation for the defendant;
17-12 (3) the public defender is incapable of providing
17-13 representation for the defendant in accordance with the rules of
17-14 professional conduct; or
17-15 (4) the public defender shows other good cause for
17-16 refusing the appointment.
17-17 (k) [(e)] The judge may remove a public defender who
17-18 violates a provision of Subsection (i) [(d) of this article].
17-19 (l) [(f) A public defender or an attorney appointed by a
17-20 court of competent jurisdiction shall represent each indigent
17-21 person who is charged with a criminal offense in a county having at
17-22 least four county courts and at least four district courts and each
17-23 indigent minor who is a party to a juvenile delinquency proceeding
17-24 in the county.]
17-25 [(g)] A public defender may investigate the financial
17-26 condition of any person the public defender is appointed to
17-27 represent. The defender shall report the results of the
18-1 investigation to the appointing judge. The judge may hold a hearing
18-2 to determine if the person is indigent and entitled to
18-3 representation under this article.
18-4 (m) [(h)] If it is necessary that an attorney other than a
18-5 public defender be [is] appointed, the attorney is entitled to the
18-6 compensation provided by Article 26.05 of this code.
18-7 [(i) At any stage of the proceeding, including appeal or
18-8 other postconviction proceedings, the judge may appoint another
18-9 attorney to represent the person. The substitute attorney is
18-10 entitled to the compensation provided by Article 26.05 of this
18-11 code.]
18-12 [(j) Except for the provisions relating to daily appearance
18-13 fees, Article 26.05 of this code applies to a public defender
18-14 appointed under this article.]
18-15 SECTION 7. Article 26.05, Code of Criminal Procedure, is
18-16 amended to read as follows:
18-17 Art. 26.05. COMPENSATION OF COUNSEL APPOINTED TO DEFEND. (a)
18-18 A counsel, other than an attorney with a public defender
18-19 [defender's office], appointed to represent a defendant in a
18-20 criminal proceeding, including a habeas corpus hearing, shall be
18-21 [reimbursed for reasonable expenses incurred with prior court
18-22 approval for purposes of investigation and expert testimony and
18-23 shall be] paid a reasonable attorney's fee for performing the
18-24 following services, based on the time and labor required, the
18-25 complexity of the case, and the experience and ability of the
18-26 appointed counsel:
18-27 (1) time spent in court making an appearance on behalf
19-1 of the defendant as evidenced by a docket entry, time spent in
19-2 trial, and [or] time spent in a proceeding in which sworn oral
19-3 testimony is elicited;
19-4 (2) reasonable and necessary time spent out of court
19-5 on the case, supported by any documentation that the court
19-6 requires; [and]
19-7 (3) preparation of an appellate brief and preparation
19-8 and presentation of oral argument to a court of appeals or the
19-9 Court of Criminal Appeals; and
19-10 (4) preparation of a motion for rehearing.
19-11 (b) All payments made under this article shall be paid in
19-12 accordance with a schedule of fees adopted by formal action of the
19-13 judges of the county courts, statutory county courts, and district
19-14 courts trying criminal cases in [county and district criminal court
19-15 judges within] each county[, except that in a county with only one
19-16 judge with criminal jurisdiction the schedule will be adopted by
19-17 the administrative judge for that judicial district].
19-18 (c) Each fee schedule adopted shall state reasonable [will
19-19 include a] fixed rates or [rate,] minimum and maximum hourly rates,
19-20 taking into consideration reasonable and necessary overhead costs
19-21 and customary rates charged for similar legal services in the
19-22 community, [and daily rates] and shall [will] provide a form for
19-23 the appointed counsel to itemize [reporting] the types of services
19-24 performed [in each one]. No payment shall be made under this
19-25 article [section] until the form for itemizing [reporting] the
19-26 services performed is submitted to the judge presiding over the
19-27 proceedings and the judge approves the payment. If the judge
20-1 disapproves the requested amount of payment, the judge shall make
20-2 written findings stating the amount of payment that the judge
20-3 approves and each reason for approving an amount different from the
20-4 requested amount. An attorney whose request for payment is
20-5 disapproved may appeal the disapproval by filing a motion with the
20-6 presiding judge of the administrative judicial region. On the
20-7 filing of a motion, the presiding judge of the administrative
20-8 judicial region shall review the disapproval of payment and
20-9 determine the appropriate amount of payment. In reviewing the
20-10 disapproval, the presiding judge of the administrative judicial
20-11 region may conduct a hearing. Not later than the 45th day after
20-12 the date an application for payment of a fee is submitted under
20-13 this article, the commissioners court shall pay to the appointed
20-14 counsel the amount that is approved by the presiding judge of the
20-15 administrative judicial region [and approved by the court] and that
20-16 is in accordance with the fee schedule for that county.
20-17 (d) A counsel in a noncapital case, other than an attorney
20-18 with a public defender, appointed to represent a defendant under
20-19 this code shall be reimbursed for reasonable and necessary
20-20 expenses, including expenses for investigation and for mental
20-21 health and other experts. Expenses incurred with prior court
20-22 approval shall be reimbursed in the same manner provided for
20-23 capital cases by Articles 26.052(f) and (g), and expenses incurred
20-24 without prior court approval shall be reimbursed in the manner
20-25 provided for capital cases by Article 26.052(h).
20-26 (e) A majority of the judges of the county courts and
20-27 statutory county courts or the district courts, as appropriate,
21-1 trying criminal cases in the county may remove an attorney from
21-2 consideration for appointment if, after a hearing, it is shown that
21-3 the attorney submitted a claim for legal services not performed by
21-4 the attorney.
21-5 (f) All payments made under this article shall be paid from
21-6 the general fund of the county in which the prosecution was
21-7 instituted or habeas corpus hearing held and may be included as
21-8 costs of court.
21-9 (g) [(e)] If the court determines that a defendant has
21-10 financial resources that enable him to offset in part or in whole
21-11 the costs of the legal services provided, including any expenses
21-12 and costs, the court shall order the defendant to pay during the
21-13 pendency of the charges or, if convicted, as court costs the amount
21-14 that it finds the defendant is able to pay.
21-15 (h) [(f)] Reimbursement of expenses incurred for purposes of
21-16 investigation or expert testimony may be paid directly to a private
21-17 investigator licensed under Chapter 1702, Occupations Code, [the
21-18 Private Investigators and Private Security Agencies Act (Article
21-19 4413(29bb), Vernon's Texas Civil Statutes)] or to an expert witness
21-20 in the manner designated by appointed counsel and approved by the
21-21 court.
21-22 SECTION 8. Article 26.052, Code of Criminal Procedure, is
21-23 amended by amending Subsections (d) and (e) and adding Subsection
21-24 (m) to read as follows:
21-25 (d)(1) The committee shall adopt standards for the
21-26 qualification of attorneys to be appointed to represent indigent
21-27 defendants in capital cases in which the death penalty is sought
22-1 [for appointment to death penalty cases].
22-2 (2) The standards must require that an attorney
22-3 appointed to a death penalty case:
22-4 (A) be a member of the State Bar of Texas;
22-5 (B) exhibit proficiency and commitment to
22-6 providing quality representation to defendants in death penalty
22-7 cases;
22-8 (C) have at least five years of experience in
22-9 criminal litigation;
22-10 (D) have tried to a verdict as lead defense
22-11 counsel a significant number of felony cases, including homicide
22-12 trials and other trials for offenses punishable as second or first
22-13 degree felonies or capital felonies;
22-14 (E) have trial experience in:
22-15 (i) the use of and challenges to mental
22-16 health or forensic expert witnesses; and
22-17 (ii) investigating and presenting
22-18 mitigating evidence at the penalty phase of a death penalty trial;
22-19 and
22-20 (F) have participated in continuing legal
22-21 education courses or other training relating to criminal defense in
22-22 death penalty cases.
22-23 (3) The committee shall prominently post the standards
22-24 in each district clerk's office in the region with a list of
22-25 attorneys qualified for appointment.
22-26 (4) Not later than the second anniversary of the date
22-27 an attorney is placed on the list of attorneys qualified for
23-1 appointment in death penalty cases and each year following the
23-2 second anniversary, the attorney must present proof to the
23-3 committee that the attorney has successfully completed the minimum
23-4 continuing legal education requirements of the state bar, including
23-5 a course or other form of training relating to the defense of death
23-6 penalty cases. The committee shall remove the attorney's name from
23-7 the list of qualified attorneys if the attorney fails to provide
23-8 the committee with proof of completion of the continuing legal
23-9 education requirements.
23-10 (e) The presiding judge of the district court in which a
23-11 capital felony case is filed shall appoint two attorneys, at least
23-12 one of whom must be qualified under this chapter, [counsel] to
23-13 represent an indigent defendant as soon as practicable after
23-14 charges are filed, unless the state gives notice in writing that
23-15 the state will not seek the death penalty [if the death penalty is
23-16 sought in the case. The judge shall appoint lead trial counsel
23-17 from the list of attorneys qualified for appointment. The judge
23-18 shall appoint a second counsel to assist in the defense of the
23-19 defendant, unless reasons against the appointment of two counsel
23-20 are stated in the record].
23-21 (m) The local selection committee shall annually review the
23-22 list of attorneys posted under Subsection (d) to ensure that each
23-23 listed attorney satisfies the requirements under this chapter.
23-24 SECTION 9. Article 102.075(h), Code of Criminal Procedure,
23-25 is amended to read as follows:
23-26 (h) The comptroller shall deposit money received under this
23-27 article to the credit of the following accounts in the general
24-1 revenue fund according to the specified percentages:
24-2 NAME OF ACCOUNT PERCENTAGE
24-3 abused children's counseling 0.02%
24-4 crime stoppers assistance 0.6%
24-5 breath alcohol testing 1.28%
24-6 Bill Blackwood Law Enforcement
24-7 Management Institute 5.04%
24-8 law enforcement officers standards and education 11.63%
24-9 comprehensive rehabilitation 12.37%
24-10 operator's and chauffeur's license 25.9%
24-11 criminal justice planning 29.18%
24-12 fair defense account 13.98%
24-13 SECTION 10. Chapter 51, Family Code, is amended by adding
24-14 Section 51.101 to read as follows:
24-15 Sec. 51.101. APPOINTMENT OF COUNSEL PLAN. (a) The judges
24-16 trying juvenile cases in each county shall adopt a plan that:
24-17 (1) specifies the qualifications necessary for an
24-18 attorney to be included on an appointment list from which attorneys
24-19 are appointed to represent children in proceedings under this
24-20 title; and
24-21 (2) establishes procedures for:
24-22 (A) including attorneys on the appointment list
24-23 and removing attorneys from the list; and
24-24 (B) appointing attorneys from the appointment
24-25 list to individual cases.
24-26 (b) A plan adopted under Subsection (a) must:
24-27 (1) to the extent practicable, comply with the
25-1 requirements of Article 26.04, Code of Criminal Procedure, except
25-2 that:
25-3 (A) the income and assets of the child's parent
25-4 or other person responsible for the child's support must be used in
25-5 determining whether the child is indigent; and
25-6 (B) any alternative plan for appointing counsel
25-7 is established by the judges trying juvenile cases in the county;
25-8 and
25-9 (2) recognize the differences in qualifications and
25-10 experience necessary for appointments to cases in which:
25-11 (A) the allegation is:
25-12 (i) conduct indicating a need for
25-13 supervision;
25-14 (ii) delinquent conduct, and commitment to
25-15 the Texas Youth Commission is not an authorized disposition; or
25-16 (iii) delinquent conduct, and commitment
25-17 to the Texas Youth Commission without a determinate sentence is an
25-18 authorized disposition;
25-19 (B) determinate sentence proceedings have been
25-20 initiated; or
25-21 (C) proceedings for discretionary transfer to
25-22 criminal court have been initiated.
25-23 SECTION 11. Section 71.001, Government Code, is amended to
25-24 read as follows:
25-25 Sec. 71.001. DEFINITIONS. In this chapter:
25-26 (1) "Ad hoc assigned counsel program" means a system
25-27 under which private attorneys, acting as independent contractors
26-1 and compensated with public funds, are individually appointed to
26-2 provide legal representation and services to a particular indigent
26-3 defendant accused of a crime or juvenile offense.
26-4 (2) "Chair" means the chair of the council.
26-5 (3) "Contract defender program" means a system under
26-6 which private attorneys, acting as independent contractors and
26-7 compensated with public funds, are engaged to provide legal
26-8 representation and services to a group of unspecified indigent
26-9 defendants who appear before a particular court or group of courts.
26-10 (4) [(2)] "Council" means the Texas Judicial Council.
26-11 (5) "Crime" means:
26-12 (A) a misdemeanor punishable by confinement; or
26-13 (B) a felony.
26-14 (6) "Defendant" means a person accused of a crime or a
26-15 juvenile offense.
26-16 (7) "Indigent defense support services" means criminal
26-17 defense services that:
26-18 (A) are provided by licensed investigators,
26-19 experts, or other similar specialists, including forensic experts
26-20 and mental health experts; and
26-21 (B) are reasonable and necessary for appointed
26-22 counsel to provide adequate representation to indigent defendants.
26-23 (8) "Juvenile offense" means conduct committed by a
26-24 person while younger than 17 years of age that constitutes:
26-25 (A) a misdemeanor punishable by confinement; or
26-26 (B) a felony.
26-27 (9) "Public defender" has the meaning assigned by
27-1 Article 26.044(a), Code of Criminal Procedure.
27-2 SECTION 12. Subchapter C, Chapter 71, Government Code, is
27-3 amended by adding Section 71.0351 to read as follows:
27-4 Sec. 71.0351. INDIGENT DEFENSE INFORMATION. (a) Not later
27-5 than January 1 of each year, in each county, a copy of all formal
27-6 and informal rules and forms that describe the procedures used in
27-7 the county to provide indigent defendants with counsel in
27-8 accordance with the Code of Criminal Procedure, including the
27-9 schedule of fees required under Article 26.05 of that code, shall
27-10 be prepared and sent to the Office of Court Administration of the
27-11 Texas Judicial System in the form and manner prescribed by the
27-12 office. Except as provided by Subsection (b), the local
27-13 administrative district judge in each county, or the person
27-14 designated by the judge, shall prepare and send to the office of
27-15 court administration a copy of all rules and forms adopted by the
27-16 judges of the district courts trying felony cases in the county.
27-17 Except as provided by Subsection (b), the local administrative
27-18 statutory county court judge in each county, or the person
27-19 designated by the judge, shall prepare and send to the office of
27-20 court administration a copy of all rules and forms adopted by the
27-21 judges of the county courts and statutory county courts trying
27-22 misdemeanor cases in the county.
27-23 (b) If the judges of two or more levels of courts adopt the
27-24 same formal and informal rules and forms as described by Subsection
27-25 (a), the local administrative judge serving the courts having
27-26 jurisdiction over offenses with the highest classification of
27-27 punishment, or the person designated by the judge, shall prepare
28-1 and send to the office of court administration a copy of the rules
28-2 and forms.
28-3 (c) In each county, the county auditor, or the person
28-4 designated by the commissioners court if the county does not have a
28-5 county auditor, shall prepare and send to the office of court
28-6 administration in the form and manner prescribed by the office and
28-7 on a monthly, quarterly, or annual basis, with respect to legal
28-8 services provided in the county to indigent defendants during each
28-9 fiscal year, information showing the total amount expended by the
28-10 county to provide indigent defense services and an analysis of the
28-11 amount expended by the county:
28-12 (1) in each district, county, statutory county, and
28-13 appellate court;
28-14 (2) in cases for which a private attorney is appointed
28-15 for an indigent defendant;
28-16 (3) in cases for which a public defender is appointed
28-17 for an indigent defendant;
28-18 (4) in cases for which counsel is appointed for an
28-19 indigent juvenile under Section 51.10(f), Family Code; and
28-20 (5) for investigation expenses, expert witness
28-21 expenses, or other litigation expenses.
28-22 (d) As a duty of office, each district and county clerk
28-23 shall cooperate with the county auditor or the person designated by
28-24 the commissioners court and the commissioners court in retrieving
28-25 information required to be sent to the office of court
28-26 administration under this section and under a reporting plan
28-27 developed by the Task Force on Indigent Defense under Section
29-1 71.061(a).
29-2 (e) On receipt of information required under this section,
29-3 the office of court administration shall forward the information to
29-4 the Task Force on Indigent Defense.
29-5 SECTION 13. Chapter 71, Government Code, is amended by
29-6 adding Subchapter D to read as follows:
29-7 SUBCHAPTER D. TASK FORCE ON INDIGENT DEFENSE
29-8 Sec. 71.051. ESTABLISHMENT OF TASK FORCE; COMPOSITION. The
29-9 Task Force on Indigent Defense is established as a standing
29-10 committee of the council and is composed of eight ex officio
29-11 members and four appointive members.
29-12 Sec. 71.052. EX OFFICIO MEMBERS. The ex officio members
29-13 are:
29-14 (1) the following six members of the council:
29-15 (A) the chief justice of the supreme court;
29-16 (B) the presiding judge of the court of criminal
29-17 appeals;
29-18 (C) the member of the senate appointed by the
29-19 lieutenant governor;
29-20 (D) the member of the house of representatives
29-21 appointed by the speaker of the house;
29-22 (E) one of the courts of appeals justices
29-23 serving on the council who is designated by the governor to serve
29-24 on the task force; and
29-25 (F) one of the county court or statutory county
29-26 court judges serving on the council who is designated by the
29-27 governor to serve on the task force or, if a county court or
30-1 statutory county court judge is not serving on the council, one of
30-2 the statutory probate court judges serving on the council who is
30-3 designated by the governor to serve on the task force;
30-4 (2) the chair of the Senate Criminal Justice
30-5 Committee; and
30-6 (3) the chair of the House Criminal Jurisprudence
30-7 Committee.
30-8 Sec. 71.053. APPOINTMENTS. (a) The governor shall appoint
30-9 with the advice and consent of the senate four members of the task
30-10 force as follows:
30-11 (1) one member who is an active district judge serving
30-12 as a presiding judge of an administrative judicial region;
30-13 (2) one member who is a judge of a constitutional
30-14 county court or who is a county commissioner;
30-15 (3) one member who is a practicing criminal defense
30-16 attorney; and
30-17 (4) one member who is a public defender or who is
30-18 employed by a public defender.
30-19 (b) The members serve staggered terms of two years, with two
30-20 members' terms expiring February 1 of each odd-numbered year and
30-21 two members' terms expiring February 1 of each even-numbered year.
30-22 (c) In making appointments to the task force, the governor
30-23 shall attempt to reflect the geographic and demographic diversity
30-24 of the state.
30-25 (d) A person may not be appointed to the task force if the
30-26 person is required to register as a lobbyist under Chapter 305
30-27 because of the person's activities for compensation on behalf of a
31-1 profession related to the operation of the task force or the
31-2 council.
31-3 Sec. 71.054. VACANCIES. A vacancy on the task force must be
31-4 filled for the unexpired term in the same manner as the original
31-5 appointment. An appointment to fill a vacancy shall be made not
31-6 later than the 90th day after the date the vacancy occurs.
31-7 Sec. 71.055. MEETINGS; QUORUM; VOTING. (a) The task force
31-8 shall meet at least quarterly and at such other times as it deems
31-9 necessary or convenient to perform its duties.
31-10 (b) Six members of the task force constitute a quorum for
31-11 purposes of transacting task force business. The task force may
31-12 act only on the concurrence of five task force members or a
31-13 majority of the task force members present, whichever number is
31-14 greater. The task force may develop policies and standards under
31-15 Section 71.060 only on the concurrence of seven task force members.
31-16 (c) A task force member is entitled to vote on any matter
31-17 before the task force, except as otherwise provided by rules
31-18 adopted by the task force and ratified by the council.
31-19 Sec. 71.056. COMPENSATION. A task force member may not
31-20 receive compensation for services on the task force but is entitled
31-21 to be reimbursed for actual and necessary expenses incurred in
31-22 discharging the member's duties as a task force member. The
31-23 expenses are paid from funds appropriated to the task force.
31-24 Sec. 71.057. BUDGET. (a) The task force's budget shall be
31-25 a part of the budget for the council. In preparing a budget and
31-26 presenting the budget to the legislature, the task force shall
31-27 consult with the executive director of the Office of Court
32-1 Administration of the Texas Judicial System.
32-2 (b) The task force's budget may include funds for personnel
32-3 who are employees of the council but who are assigned to assist the
32-4 task force in performing its duties.
32-5 (c) The executive director of the office of court
32-6 administration may not reduce or modify the task force's budget or
32-7 use funds appropriated to the task force without the approval of
32-8 the task force.
32-9 Sec. 71.058. FAIR DEFENSE ACCOUNT. The fair defense account
32-10 is an account in the general revenue fund that may be appropriated
32-11 only to the task force for the purpose of implementing this
32-12 subchapter.
32-13 Sec. 71.059. ACCEPTANCE OF GIFTS, GRANTS, AND OTHER FUNDS.
32-14 The task force may accept gifts, grants, and other funds from any
32-15 public or private source to pay expenses incurred in performing its
32-16 duties under this subchapter.
32-17 Sec. 71.060. POLICIES AND STANDARDS. (a) The task force
32-18 shall develop policies and standards for providing legal
32-19 representation and other defense services to indigent defendants at
32-20 trial, on appeal, and in postconviction proceedings. The policies
32-21 and standards may include:
32-22 (1) performance standards for counsel appointed to
32-23 represent indigent defendants;
32-24 (2) qualification standards under which attorneys may
32-25 qualify for appointment to represent indigent defendants,
32-26 including:
32-27 (A) qualifications commensurate with the
33-1 seriousness of the nature of the proceeding;
33-2 (B) qualifications appropriate for
33-3 representation of mentally ill defendants and noncitizen
33-4 defendants;
33-5 (C) successful completion of relevant continuing
33-6 legal education programs approved by the council; and
33-7 (D) testing and certification standards;
33-8 (3) standards for ensuring appropriate appointed
33-9 caseloads for counsel appointed to represent indigent defendants;
33-10 (4) standards for determining whether a person accused
33-11 of a crime or juvenile offense is indigent;
33-12 (5) policies and standards governing the organization
33-13 and operation of an ad hoc assigned counsel program;
33-14 (6) policies and standards governing the organization
33-15 and operation of a public defender consistent with recognized
33-16 national policies and standards;
33-17 (7) standards for providing indigent defense services
33-18 under a contract defender program consistent with recognized
33-19 national policies and standards;
33-20 (8) standards governing the reasonable compensation of
33-21 counsel appointed to represent indigent defendants;
33-22 (9) standards governing the availability and
33-23 reasonable compensation of providers of indigent defense support
33-24 services for counsel appointed to represent indigent defendants;
33-25 (10) standards governing the operation of a legal
33-26 clinic or program that provides legal services to indigent
33-27 defendants and is sponsored by a law school approved by the supreme
34-1 court;
34-2 (11) policies and standards governing the appointment
34-3 of attorneys to represent children in proceedings under Title 3,
34-4 Family Code; and
34-5 (12) other policies and standards for providing
34-6 indigent defense services as determined by the task force to be
34-7 appropriate.
34-8 (b) The task force shall submit policies and standards
34-9 developed under Subsection (a) to the council for ratification.
34-10 (c) Any qualification standards adopted by the task force
34-11 under Subsection (a) that relate to the appointment of counsel in a
34-12 death penalty case must be consistent with the standards specified
34-13 under Article 26.052(d), Code of Criminal Procedure. An attorney
34-14 who is identified by the task force as not satisfying performance
34-15 or qualification standards adopted by the task force under
34-16 Subsection (a) may not accept an appointment in a capital case.
34-17 Sec. 71.061. COUNTY REPORTING PLAN; TASK FORCE REPORTS. (a)
34-18 The task force shall develop a plan that establishes statewide
34-19 requirements for counties relating to reporting indigent defense
34-20 information. The plan must include provisions designed to reduce
34-21 redundant reporting by counties and provisions that take into
34-22 consideration the costs to counties of implementing the plan
34-23 statewide. The task force shall use the information reported by a
34-24 county to monitor the effectiveness of the county's indigent
34-25 defense policies, standards, and procedures and to ensure
34-26 compliance by the county with the requirements of state law
34-27 relating to indigent defense. The task force may revise the plan
35-1 as necessary to improve monitoring of indigent defense policies,
35-2 standards, and procedures in this state.
35-3 (b) The task force shall annually submit to the governor,
35-4 lieutenant governor, speaker of the house of representatives, and
35-5 council and shall publish in written and electronic form a report:
35-6 (1) containing the information forwarded to the task
35-7 force from the Office of Court Administration of the Texas Judicial
35-8 System under Section 71.0351(e); and
35-9 (2) regarding:
35-10 (A) the quality of legal representation provided
35-11 by counsel appointed to represent indigent defendants;
35-12 (B) current indigent defense practices in the
35-13 state as compared to state and national standards;
35-14 (C) efforts made by the task force to improve
35-15 indigent defense practices in the state; and
35-16 (D) recommendations made by the task force for
35-17 improving indigent defense practices in the state.
35-18 (c) The task force shall annually submit to the Legislative
35-19 Budget Board and council and shall publish in written and
35-20 electronic form a detailed report of all expenditures made under
35-21 this subchapter, including distributions under Section 71.062.
35-22 (d) The task force may issue other reports relating to
35-23 indigent defense as determined to be appropriate by the task force.
35-24 Sec. 71.062. TECHNICAL SUPPORT; GRANTS. (a) The task force
35-25 shall:
35-26 (1) provide technical support to:
35-27 (A) assist counties in improving their indigent
36-1 defense systems; and
36-2 (B) promote compliance by counties with the
36-3 requirements of state law relating to indigent defense;
36-4 (2) direct the comptroller to distribute funds,
36-5 including grants, to counties to provide indigent defense services
36-6 in the county; and
36-7 (3) monitor each county that receives a grant and
36-8 enforce compliance by the county with the conditions of the grant,
36-9 including enforcement by directing the comptroller to:
36-10 (A) withdraw grant funds; or
36-11 (B) require reimbursement of grant funds by the
36-12 county.
36-13 (b) The task force shall direct the comptroller to
36-14 distribute funds as required by Subsection (a)(2) based on a
36-15 county's compliance with standards developed by the task force and
36-16 the county's demonstrated commitment to compliance with the
36-17 requirements of state law relating to indigent defense.
36-18 (c) The task force shall develop policies to ensure that
36-19 funds under Subsection (a)(2) are allocated and distributed to
36-20 counties in a fair manner.
36-21 (d) A county may not reduce the amount of funds provided for
36-22 indigent defense services in the county because of funds provided
36-23 by the task force under this section.
36-24 SECTION 14. Sections 26.041, 26.042, 26.043, 26.045, 26.046,
36-25 26.047, 26.048, 26.049, 26.050, and 26.058, Code of Criminal
36-26 Procedure, are repealed.
36-27 SECTION 15. The change in law made by this Act applies only
37-1 to a person arrested for or charged with an offense committed or,
37-2 for purposes of Title 3, Family Code, a child taken into custody
37-3 for conduct or alleged to have engaged in conduct that occurs on or
37-4 after the effective date of this Act and to the appointment of
37-5 counsel for that person or child. A person arrested for or charged
37-6 with an offense committed or a child taken into custody for conduct
37-7 or alleged to have engaged in conduct that occurs before the
37-8 effective date of this Act is covered by the law in effect when the
37-9 offense was committed or the conduct occurred, and the former law
37-10 is continued in effect for that purpose.
37-11 SECTION 16. A county having established a public defender
37-12 under a statute repealed or amended by this Act may continue the
37-13 existence and operation of the public defender under the terms of
37-14 the repealed or amended statute as that statute existed immediately
37-15 before the effective date of this Act if the public defender is a
37-16 governmental entity or nonprofit corporation described by Article
37-17 26.044(a), Code of Criminal Procedure, as amended by this Act. The
37-18 change in law made by this Act to Article 26.044, Code of Criminal
37-19 Procedure, applies only to a public defender appointed on or after
37-20 the effective date of this Act.
37-21 SECTION 17. A local administrative judge or other person
37-22 designated under Subsection (a) or (b), Section 71.0351, Government
37-23 Code, as added by this Act, shall begin sending to the Office of
37-24 Court Administration of the Texas Judicial System the information
37-25 required to be sent by that section on or before January 1, 2002.
37-26 A county auditor or other person designated under Subsection (c),
37-27 Section 71.0351, Government Code, as added by this Act, shall begin
38-1 sending to the Office of Court Administration of the Texas Judicial
38-2 System the information required by that section on or before
38-3 September 1, 2002.
38-4 SECTION 18. The governor shall make appointments to the Task
38-5 Force on Indigent Defense as soon as practicable after the
38-6 effective date of this Act. In appointing the initial members of
38-7 the task force, the governor shall appoint the member who is an
38-8 active district judge serving as a presiding judge of an
38-9 administrative judicial region and the member who is a practicing
38-10 criminal defense attorney for terms expiring February 1, 2003, and
38-11 the member who is a judge of a constitutional county court or who
38-12 is a county commissioner and the member who is a public defender or
38-13 who is employed by a public defender for terms expiring February 1,
38-14 2004.
38-15 SECTION 19. A local selection committee shall amend
38-16 standards previously adopted by the committee to conform with the
38-17 requirements of Article 26.052(d), Code of Criminal Procedure, as
38-18 amended by this Act, not later than April 1, 2002. An attorney
38-19 appointed on or after April 1, 2002, to a death penalty case must
38-20 meet the standards adopted in conformity with the amended Article
38-21 26.052(d). An attorney appointed before April 1, 2002, to a death
38-22 penalty case is covered by the law in effect when the attorney was
38-23 appointed, and the former law is continued in effect for that
38-24 purpose.
38-25 SECTION 20. Article 102.075(h), Code of Criminal Procedure,
38-26 as amended by this Act, applies only to a court cost collected
38-27 under that article on or after the effective date of this Act. A
39-1 court cost collected under Article 102.075, Code of Criminal
39-2 Procedure, before the effective date of this Act is governed by the
39-3 law in effect when the court cost was collected, and the former law
39-4 is continued in effect for that purpose.
39-5 SECTION 21. This Act takes effect January 1, 2002.