1-1 By: Ellis, et al. S.B. No. 7
1-2 (In the Senate - Filed February 14, 2001; February 15, 2001,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 3, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 3, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 7 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the period during which a person arrested is required
1-11 to be taken before a magistrate and to the appointment and
1-12 compensation of counsel to represent indigent persons accused of
1-13 crime.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. This Act may be known as the Texas Fair Defense
1-16 Act.
1-17 SECTION 2. Article 1.051, Code of Criminal Procedure, is
1-18 amended by amending Subsection (c) and adding Subsections (i) and
1-19 (j) to read as follows:
1-20 (c) An indigent defendant is entitled to have an attorney
1-21 appointed to represent him in any adversary judicial proceeding
1-22 that may result in punishment by confinement and in any other
1-23 criminal proceeding if the court concludes that the interests of
1-24 justice require representation. Except as otherwise provided by
1-25 this subsection, if [If] an indigent defendant is entitled to and
1-26 requests appointed counsel, a [the] court or the courts' designee
1-27 authorized under Article 26.04 to appoint counsel for indigent
1-28 defendants in the county shall appoint counsel [to represent the
1-29 defendant] as soon as possible, but not later than the end of the
1-30 third working day after the date on which the court or the courts'
1-31 designee receives the defendant's request for appointment of
1-32 counsel. In a county with a population of 250,000 or more, the
1-33 court or the courts' designee shall appoint counsel as required by
1-34 this subsection as soon as possible, but not later than the end of
1-35 the first working day after the date on which the court or the
1-36 courts' designee receives the defendant's request for appointment
1-37 of counsel.
1-38 (i) A court or the courts' designee shall appoint counsel
1-39 for an indigent defendant as required by Subsection (c) regardless
1-40 of whether charges have been filed against the defendant.
1-41 (j) A court or the courts' designee may without unnecessary
1-42 delay appoint new counsel to represent an indigent defendant for
1-43 whom counsel is appointed under Subsection (c) if:
1-44 (1) the defendant is subsequently charged in the case
1-45 with an offense different from the offense with which the defendant
1-46 was initially charged; and
1-47 (2) legal cause to appoint new counsel is stated on
1-48 the record as required by Article 26.04(j)(2).
1-49 SECTION 3. Subsection (a), Article 14.06, Code of Criminal
1-50 Procedure, is amended to read as follows:
1-51 (a) Except as provided by Subsection (b), in each case
1-52 enumerated in this Code, the person making the arrest or the person
1-53 having custody of the person arrested shall take the person
1-54 arrested or have him taken without unnecessary delay, but not later
1-55 than 48 hours after the person is arrested, before the magistrate
1-56 who may have ordered the arrest, before some magistrate of the
1-57 county where the arrest was made without an order, or, if necessary
1-58 to provide more expeditiously to the person arrested the warnings
1-59 described by Article 15.17 of this Code, before a magistrate in a
1-60 county bordering the county in which the arrest was made. The
1-61 magistrate shall immediately perform the duties described in
1-62 Article 15.17 of this Code.
1-63 SECTION 4. Article 15.17, Code of Criminal Procedure, is
1-64 amended by amending Subsection (a) and adding Subsections (e) and
2-1 (f) to read as follows:
2-2 (a) In each case enumerated in this Code, the person making
2-3 the arrest or the person having custody of the person arrested
2-4 shall without unnecessary delay, but not later than 48 hours after
2-5 the person is arrested, take the person arrested or have him taken
2-6 before some magistrate of the county where the accused was arrested
2-7 or, if necessary to provide more expeditiously to the person
2-8 arrested the warnings described by this article, before a
2-9 magistrate in a county bordering the county in which the arrest was
2-10 made. The arrested person may be taken before the magistrate in
2-11 person or the image of the arrested person may be broadcast by
2-12 closed circuit television to the magistrate. The magistrate shall
2-13 inform in clear language the person arrested, either in person or
2-14 by closed circuit television, of the accusation against him and of
2-15 any affidavit filed therewith, of his right to retain counsel, of
2-16 his right to remain silent, of his right to have an attorney
2-17 present during any interview with peace officers or attorneys
2-18 representing the state, of his right to terminate the interview at
2-19 any time, [of his right to request the appointment of counsel if he
2-20 is indigent and cannot afford counsel,] and of his right to have an
2-21 examining trial. The magistrate shall also inform the person
2-22 arrested of the person's right to request the appointment of
2-23 counsel if the person cannot afford counsel. The magistrate shall
2-24 inform the person arrested of the procedures for requesting
2-25 appointment of counsel in a manner understood by the person and
2-26 shall cause to be provided to the person at the same time
2-27 reasonable assistance in completing the necessary forms for
2-28 requesting appointment of counsel. If the person arrested is
2-29 indigent and requests appointment of counsel and if the magistrate
2-30 is authorized under Article 26.04 to appoint counsel for indigent
2-31 defendants in the county, the magistrate shall appoint counsel in
2-32 accordance with Article 1.051, regardless of whether charges have
2-33 been filed against the person. If the magistrate is not authorized
2-34 to appoint counsel, the magistrate shall without unnecessary delay,
2-35 but not later than 24 hours after the person arrested requests
2-36 appointment of counsel, transmit or cause to be transmitted to the
2-37 court or to the courts' designee authorized under Article 26.04 to
2-38 appoint counsel in the county the forms requesting the appointment
2-39 of counsel. The magistrate [He] shall also inform the person
2-40 arrested that he is not required to make a statement and that any
2-41 statement made by him may be used against him. The magistrate
2-42 shall allow the person arrested reasonable time and opportunity to
2-43 consult counsel and shall admit the person arrested to bail if
2-44 allowed by law. A closed circuit television system may not be used
2-45 under this subsection unless the system provides for a two-way
2-46 communication of image and sound between the arrested person and
2-47 the magistrate. A recording of the communication between the
2-48 arrested person and the magistrate shall be made. The recording
2-49 shall be preserved until the earlier of the following dates: (1)
2-50 the date on which the pretrial hearing ends; or (2) the 91st day
2-51 after the date on which the recording is made if the person is
2-52 charged with a misdemeanor or the 120th day after the date on which
2-53 the recording is made if the person is charged with a felony. The
2-54 counsel for the defendant may obtain a copy of the recording on
2-55 payment of a reasonable amount to cover costs of reproduction.
2-56 (e) In each case in which a person arrested is taken before
2-57 a magistrate as required by Subsection (a), a record shall be made
2-58 of:
2-59 (1) the magistrate informing the person of the
2-60 person's right to request appointment of counsel;
2-61 (2) the magistrate asking the person whether the
2-62 person wants to request appointment of counsel; and
2-63 (3) whether the person requested appointment of
2-64 counsel.
2-65 (f) A record required under Subsection (e) may consist of
2-66 written forms or other documentation as authorized by procedures
2-67 adopted in the county under Article 26.04(a).
2-68 SECTION 5. Article 26.04, Code of Criminal Procedure, is
2-69 amended to read as follows:
3-1 Art. 26.04. PROCEDURES FOR APPOINTING [COURT SHALL APPOINT]
3-2 COUNSEL. (a) The judges of the county courts, statutory county
3-3 courts, and district courts trying criminal cases in each county,
3-4 by local rule, shall adopt and publish written countywide
3-5 procedures for timely and fairly appointing counsel for an indigent
3-6 defendant in the county arrested for or charged with a misdemeanor
3-7 punishable by confinement or a felony. The procedures must be
3-8 consistent with this article and Articles 1.051, 15.17, 26.05, and
3-9 26.052. Except as provided by Subsections (f), (g), (h), and (i),
3-10 a court shall appoint an attorney from a public appointment list
3-11 using a system of rotation. The court shall appoint attorneys from
3-12 among the next five names on the appointment list in the order in
3-13 which the attorneys' names appear on the list, unless the court
3-14 makes a finding of good cause on the record for appointing an
3-15 attorney out of order. An attorney who is not appointed in the
3-16 order in which the attorney's name appears on the list shall remain
3-17 next in order on the list.
3-18 (b) Procedures adopted under Subsection (a) shall:
3-19 (1) authorize only the judges of the county courts,
3-20 statutory county courts, and district courts trying criminal cases
3-21 in the county, or the judges' designee, to appoint counsel for
3-22 indigent defendants in the county;
3-23 (2) apply to each appointment of counsel made by a
3-24 judge or the judges' designee in the county;
3-25 (3) ensure that each indigent defendant in the county
3-26 who is charged with a misdemeanor punishable by confinement or with
3-27 a felony and who appears in court without counsel has an
3-28 opportunity to confer with appointed counsel before any
3-29 communication occurs between the defendant and the prosecutor,
3-30 unless the defendant executes an informed waiver of counsel in open
3-31 court and the waiver is evidenced in writing; and
3-32 (4) require appointments for defendants in capital
3-33 cases in which the death penalty is sought to comply with the
3-34 requirements under Article 26.052.
3-35 (c) Whenever a [the] court or the courts' designee
3-36 authorized under Subsection (b) to appoint counsel for indigent
3-37 defendants in the county determines that a defendant accused of
3-38 [charged with] a felony or a misdemeanor punishable by confinement
3-39 [imprisonment] is indigent or that the interests of justice require
3-40 representation of a defendant in a criminal proceeding, the court
3-41 or the courts' designee shall appoint one or more practicing
3-42 attorneys to defend the defendant in accordance with the procedures
3-43 adopted under Subsection (a), regardless of whether charges have
3-44 been filed against the defendant [him].
3-45 (d) A public appointment list from which an attorney is
3-46 appointed as required by Subsection (a) shall contain the names of
3-47 qualified attorneys, each of whom:
3-48 (1) applies to be included on the list;
3-49 (2) meets the objective qualifications specified by
3-50 the judges under Subsection (e); and
3-51 (3) is approved by a majority of the judges who
3-52 established the appointment list under Subsection (e).
3-53 (e) In a county in which a court is required under
3-54 Subsection (a) to appoint an attorney from a public appointment
3-55 list:
3-56 (1) the judges of the county courts and statutory
3-57 county courts trying misdemeanor cases in the county, by formal
3-58 action:
3-59 (A) shall:
3-60 (i) establish a public appointment list of
3-61 attorneys qualified to provide representation in the county in
3-62 misdemeanor cases punishable by confinement; and
3-63 (ii) specify the objective qualifications
3-64 necessary for an attorney to be included on the list; and
3-65 (B) may establish, if determined by the judges
3-66 to be appropriate, more than one appointment list graduated
3-67 according to the degree of seriousness of the offense and the
3-68 attorneys' qualifications; and
3-69 (2) the judges of the district courts trying felony
4-1 cases in the county, by formal action:
4-2 (A) shall:
4-3 (i) establish a public appointment list of
4-4 attorneys qualified to provide representation in felony cases in
4-5 the county; and
4-6 (ii) specify the objective qualifications
4-7 necessary for an attorney to be included on the list; and
4-8 (B) may establish, if determined by the judges
4-9 to be appropriate, more than one appointment list graduated
4-10 according to the degree of seriousness of the offense and the
4-11 attorneys' qualifications.
4-12 (f) In a county in which a public defender is appointed
4-13 under Article 26.044, the court or the courts' designee may appoint
4-14 the public defender to represent the defendant in accordance with
4-15 guidelines established for the public defender.
4-16 (g) A county-wide alternative program for appointing counsel
4-17 for indigent defendants in criminal cases is established by a
4-18 formal action in which two-thirds of the judges of the courts
4-19 designated under this subsection and trying criminal cases in a
4-20 county vote to establish the alternative program. An alternative
4-21 program for appointing counsel in misdemeanor and felony cases may
4-22 be established in the manner provided by this subsection by the
4-23 judges of the county courts, statutory county courts, and district
4-24 courts. An alternative program for appointing counsel in
4-25 misdemeanor cases may be established in the manner provided by this
4-26 subsection by the judges of the county courts and statutory county
4-27 courts. An alternative program for appointing counsel in felony
4-28 cases may be established in the manner provided by this subsection
4-29 by the judges of the district courts. In a county in which an
4-30 alternative program is established:
4-31 (1) the alternative program may:
4-32 (A) use a single method for appointing counsel
4-33 or a combination of methods; and
4-34 (B) use a multicounty appointment list using a
4-35 system of rotation; and
4-36 (2) the procedures adopted under Subsection (a) must
4-37 ensure that:
4-38 (A) attorneys appointed using the alternative
4-39 program to represent defendants in misdemeanor cases punishable by
4-40 confinement:
4-41 (i) meet specified objective
4-42 qualifications, which may be graduated according to the degree of
4-43 seriousness of the offense, for providing representation in
4-44 misdemeanor cases punishable by confinement; and
4-45 (ii) are approved by a majority of the
4-46 judges of the county courts and statutory county courts trying
4-47 misdemeanor cases in the county;
4-48 (B) attorneys appointed using the alternative
4-49 program to represent defendants in felony cases:
4-50 (i) meet specified objective
4-51 qualifications, which may be graduated according to the degree of
4-52 seriousness of the offense, for providing representation in felony
4-53 cases; and
4-54 (ii) are approved by a majority of the
4-55 judges of the district courts trying felony cases in the county;
4-56 (C) appointments for defendants in capital cases
4-57 in which the death penalty is sought comply with the requirements
4-58 of Article 26.052; and
4-59 (D) appointments are reasonably and impartially
4-60 allocated among qualified attorneys.
4-61 (h) In a county in which an alternative program for
4-62 appointing counsel is established as provided by Subsection (g) and
4-63 is approved by the presiding judge of the administrative judicial
4-64 region, a court or the courts' designee may appoint an attorney to
4-65 represent an indigent defendant by using the alternative program.
4-66 In establishing an alternative program under Subsection (g), the
4-67 judges of the courts establishing the program may not, without the
4-68 approval of the commissioners court, obligate the county by
4-69 contract or by the creation of new positions or the creation or
5-1 adoption of new programs that cause an increase in expenditure of
5-2 county funds.
5-3 (i) A court or the courts' designee required under
5-4 Subsection (c) to appoint an attorney to represent a defendant
5-5 accused of a felony may appoint an attorney from any county located
5-6 in the court's administrative judicial region.
5-7 (j) An attorney appointed under this article [subsection]
5-8 shall:
5-9 (1) make every reasonable effort to contact the
5-10 defendant not later than 24 hours after the attorney is appointed
5-11 and to interview the defendant as soon as practicable after the
5-12 attorney is appointed; and
5-13 (2) represent the defendant until charges are
5-14 dismissed, the defendant is acquitted, appeals are exhausted, or
5-15 the attorney is relieved of his duties by the court or replaced by
5-16 other counsel for legal cause stated on the record.
5-17 (k) A court may replace an attorney who violates Subsection
5-18 (j)(1) with other counsel. A majority of the judges of the county
5-19 courts and statutory county courts or the district courts, as
5-20 appropriate, trying criminal cases in the county may remove from
5-21 consideration for appointment an attorney who intentionally or
5-22 repeatedly violates Subsection (j)(1).
5-23 (l) Procedures adopted under Subsection (a) must include
5-24 procedures and financial standards for determining whether a
5-25 defendant is indigent. The procedures and standards shall apply to
5-26 each defendant in the county equally, regardless of whether the
5-27 defendant is in custody or has been released on bail.
5-28 (m) [(b)] In determining whether a defendant is indigent,
5-29 the court or the courts' designee may [shall] consider [such
5-30 factors as] the defendant's income, source of income, assets,
5-31 property owned, outstanding obligations, necessary expenses, the
5-32 number and ages of dependents, and spousal income that is available
5-33 to the defendant[, and whether the defendant has posted or is
5-34 capable of posting bail]. The court or the courts' designee may
5-35 not consider whether [deny appointed counsel to a defendant solely
5-36 because] the defendant has posted or is capable of posting bail,
5-37 except to the extent that it reflects the defendant's financial
5-38 circumstances as measured by the considerations listed in this
5-39 subsection.
5-40 (n) [(c)] A defendant who requests a determination of
5-41 indigency and appointment of counsel shall:
5-42 (1) complete under oath a questionnaire concerning his
5-43 financial resources;
5-44 (2) respond under oath to an examination regarding his
5-45 financial resources by the judge or magistrate responsible for
5-46 determining whether the defendant is indigent; or
5-47 (3) complete the questionnaire and respond to
5-48 examination by the judge or magistrate.
5-49 (o) [(d)] Before making a determination of whether a
5-50 defendant is indigent, the court shall request the defendant to
5-51 sign under oath a statement substantially in the following form:
5-52 "On this ________ day of ____________, 20 [19]___, I have
5-53 been advised by the (name of the court) Court of my right to
5-54 representation by counsel in the trial of the charge pending
5-55 against me. I certify that I am without means to employ
5-56 counsel of my own choosing and I hereby request the court to
5-57 appoint counsel for me. (signature of the defendant)"
5-58 (p) A defendant who is determined by the court to be
5-59 indigent is presumed to remain indigent for the remainder of the
5-60 proceedings in the case unless a material change in the defendant's
5-61 financial circumstances occurs. [(e)] If there is a material
5-62 change in financial circumstances after a determination of
5-63 indigency or nonindigency is made, the defendant, the defendant's
5-64 counsel, or the attorney representing the state may move for
5-65 reconsideration of the determination.
5-66 (q) [(f)] A written or oral statement elicited under this
5-67 article or evidence derived from the statement may not be used for
5-68 any purpose, except to determine the defendant's indigency or to
5-69 impeach the direct testimony of the defendant. This subsection
6-1 does not prohibit prosecution of the defendant under Chapter 37,
6-2 Penal Code.
6-3 SECTION 6. Article 26.044, Code of Criminal Procedure, is
6-4 amended to read as follows:
6-5 Art. 26.044. PUBLIC DEFENDER [IN COUNTY WITH FOUR COUNTY
6-6 COURTS AND FOUR DISTRICT COURTS]. (a) In this chapter, "public
6-7 defender" means a governmental entity or nonprofit corporation:
6-8 (1) operating under a written agreement with a
6-9 governmental entity, other than an individual judge or court;
6-10 (2) using public funds; and
6-11 (3) providing legal representation and services to
6-12 indigent defendants accused of a crime or juvenile offense, as
6-13 those terms are defined by Section 71.001, Government Code.
6-14 (b) The commissioners court of any county, on written
6-15 approval of a judge of a county court, statutory county court, or
6-16 district court trying criminal cases in the county, [having four
6-17 county courts and four district courts] may appoint a governmental
6-18 entity or nonprofit corporation [one or more attorneys] to serve as
6-19 a public defender. The commissioners courts of two or more
6-20 counties may enter into a written agreement to jointly appoint and
6-21 fund a regional [A] public defender [serves at the pleasure of the
6-22 commissioners court]. In appointing a public defender under this
6-23 subsection, the commissioners court shall specify or the
6-24 commissioners courts shall jointly specify, if appointing a
6-25 regional public defender:
6-26 (1) the duties of the public defender; and
6-27 (2) the types of cases to which the public defender
6-28 may be appointed under Article 26.04(f) and the courts in which the
6-29 public defender may be required to appear.
6-30 (c) Before appointing a public defender under Subsection
6-31 (b), the commissioners court or commissioners courts shall solicit
6-32 proposals for the public defender. A proposal must include:
6-33 (1) a budget for the public defender, including
6-34 salaries;
6-35 (2) a description of each personnel position,
6-36 including the chief public defender position;
6-37 (3) the maximum allowable caseloads for each attorney
6-38 employed by the proponent;
6-39 (4) provisions for personnel training;
6-40 (5) a description of anticipated overhead costs for
6-41 the public defender; and
6-42 (6) policies regarding the use of licensed
6-43 investigators and expert witnesses by the proponent.
6-44 (d) After considering each proposal for the public defender
6-45 submitted by a governmental entity or nonprofit corporation, the
6-46 commissioners court or commissioners courts shall select a proposal
6-47 that reasonably demonstrates that the proponent will provide
6-48 adequate quality representation for indigent defendants in the
6-49 county or counties.
6-50 (e) The total cost of the proposal may not be the sole
6-51 consideration in selecting a proposal.
6-52 (f) [(b)] To be eligible for appointment as a public
6-53 defender, the governmental entity or nonprofit corporation [a
6-54 person] must be directed by a chief public defender who:
6-55 (1) is [be] a member of the State Bar of Texas;
6-56 (2) has [have] practiced law for at least three years
6-57 [one year]; and
6-58 (3) has substantial [have] experience in the practice
6-59 of criminal law.
6-60 (g) A [(c) The] public defender is entitled to receive
6-61 funds for personnel costs and expenses incurred in operating as a
6-62 public defender in amounts [an annual salary in an amount] fixed
6-63 by the commissioners court and paid out of the appropriate county
6-64 fund, or jointly fixed by the commissioners courts and
6-65 proportionately paid out of each appropriate county fund if the
6-66 public defender serves more than one county.
6-67 (h) A public defender may employ attorneys, licensed
6-68 investigators, and other personnel necessary to perform the duties
6-69 of the public defender as specified by the commissioners court or
7-1 commissioners courts under Subsection (b)(1).
7-2 (i) [(d)] Except as authorized by this article, the chief
7-3 [a] public defender or an attorney employed by a public defender
7-4 may not:
7-5 (1) engage in the private practice of criminal law; or
7-6 (2) accept anything of value not authorized by this
7-7 article for services rendered under this article.
7-8 (j) A public defender serves at the pleasure of the
7-9 commissioners court or commissioners courts.
7-10 (k) A public defender may refuse an appointment under
7-11 Article 26.04(f) if:
7-12 (1) a conflict of interest exists;
7-13 (2) the public defender has insufficient resources to
7-14 provide adequate representation for the defendant;
7-15 (3) the public defender is incapable of providing
7-16 representation for the defendant in accordance with the rules of
7-17 professional conduct; or
7-18 (4) the public defender shows other good cause for
7-19 refusing the appointment.
7-20 (l) [(e) The judge may remove a public defender who violates
7-21 a provision of Subsection (d) of this article.]
7-22 [(f) A public defender or an attorney appointed by a court
7-23 of competent jurisdiction shall represent each indigent person who
7-24 is charged with a criminal offense in a county having at least four
7-25 county courts and at least four district courts and each indigent
7-26 minor who is a party to a juvenile delinquency proceeding in the
7-27 county.]
7-28 [(g)] A public defender may investigate the financial
7-29 condition of any person the public defender is appointed to
7-30 represent. The defender shall report the results of the
7-31 investigation to the appointing judge. The judge may hold a
7-32 hearing to determine if the person is indigent and entitled to
7-33 representation under this article.
7-34 [(h) If an attorney other than a public defender is
7-35 appointed, the attorney is entitled to the compensation provided by
7-36 Article 26.05 of this code.]
7-37 [(i) At any stage of the proceeding, including appeal or
7-38 other postconviction proceedings, the judge may appoint another
7-39 attorney to represent the person. The substitute attorney is
7-40 entitled to the compensation provided by Article 26.05 of this
7-41 code.]
7-42 [(j) Except for the provisions relating to daily appearance
7-43 fees, Article 26.05 of this code applies to a public defender
7-44 appointed under this article.]
7-45 SECTION 7. Article 26.05, Code of Criminal Procedure, is
7-46 amended to read as follows:
7-47 Art. 26.05. COMPENSATION OF COUNSEL APPOINTED TO DEFEND.
7-48 (a) A counsel, other than an attorney with a public defender
7-49 [defender's office], appointed to represent a defendant in a
7-50 criminal proceeding, including a habeas corpus hearing, shall be
7-51 [reimbursed for reasonable expenses incurred with prior court
7-52 approval for purposes of investigation and expert testimony and
7-53 shall be] paid a reasonable attorney's fee for performing the
7-54 following services, based on the time and labor required, the
7-55 complexity of the case, and the experience and ability of the
7-56 appointed counsel:
7-57 (1) time spent in court making an appearance on behalf
7-58 of the defendant as evidenced by a docket entry, time spent in
7-59 trial, and [or] time spent in a proceeding in which sworn oral
7-60 testimony is elicited;
7-61 (2) reasonable and necessary time spent out of court
7-62 on the case, supported by any documentation that the court
7-63 requires; [and]
7-64 (3) preparation of an appellate brief and preparation
7-65 and presentation of oral argument to a court of appeals or the
7-66 Court of Criminal Appeals; and
7-67 (4) preparation of a motion for rehearing.
7-68 (b) All payments made under this article shall be paid in
7-69 accordance with a schedule of fees adopted by formal action of the
8-1 judges of the county courts, statutory county courts, and district
8-2 courts trying criminal cases in [county and district criminal court
8-3 judges within] each county[, except that in a county with only one
8-4 judge with criminal jurisdiction the schedule will be adopted by
8-5 the administrative judge for that judicial district].
8-6 (c) Each fee schedule adopted shall state reasonable [will
8-7 include a] fixed rates or [rate,] minimum and maximum hourly rates,
8-8 taking into consideration overhead costs and customary rates
8-9 charged for similar legal services in the community, [and daily
8-10 rates] and shall [will] provide a form for the appointed counsel to
8-11 itemize [reporting] the types of services performed [in each one].
8-12 No payment shall be made under this article [section] until the
8-13 form for itemizing [reporting] the services performed is submitted
8-14 to the judge presiding over the proceedings and the judge approves
8-15 the payment. If the judge disapproves the requested amount of
8-16 payment, the judge shall make written findings stating the amount
8-17 of payment that the judge approves and each reason for approving an
8-18 amount different from the requested amount. An attorney whose
8-19 request for payment is disapproved may appeal the disapproval by
8-20 filing a motion with the presiding judge of the administrative
8-21 judicial region. On the filing of a motion, the presiding judge of
8-22 the administrative judicial region shall review the disapproval of
8-23 payment and determine the appropriate amount of payment. In
8-24 reviewing the disapproval, the presiding judge may conduct a
8-25 hearing. Not later than the 45th day after the date an application
8-26 for payment of a fee is submitted under this article, the
8-27 commissioners court shall pay to the appointed counsel the amount
8-28 approved by the presiding judge [and approved by the court and is
8-29 in accordance with the fee schedule for that county].
8-30 (d) A counsel in a noncapital case, other than an attorney
8-31 with a public defender, appointed to represent a defendant under
8-32 this code shall be reimbursed for reasonable expenses, including
8-33 expenses for investigation and for mental health and other experts.
8-34 Expenses incurred with prior court approval shall be reimbursed in
8-35 the same manner provided for capital cases by Articles 26.052(f)
8-36 and (g), and expenses incurred without prior court approval shall
8-37 be reimbursed in the manner provided for capital cases by Article
8-38 26.052(h).
8-39 (e) All payments made under this article shall be paid from
8-40 the general fund of the county in which the prosecution was
8-41 instituted or habeas corpus hearing held and may be included as
8-42 costs of court.
8-43 (f) [(e)] If the court determines that a defendant has
8-44 financial resources that enable him to offset in part or in whole
8-45 the costs of the legal services provided, including any expenses
8-46 and costs, the court shall order the defendant to pay during the
8-47 pendency of the charges or, if convicted, as court costs the amount
8-48 that it finds the defendant is able to pay.
8-49 (g) [(f)] Reimbursement of expenses incurred for purposes of
8-50 investigation or expert testimony may be paid directly to a private
8-51 investigator licensed under Chapter 1702, Occupations Code, [the
8-52 Private Investigators and Private Security Agencies Act (Article
8-53 4413(29bb), Vernon's Texas Civil Statutes)] or to an expert witness
8-54 in the manner designated by appointed counsel and approved by the
8-55 court.
8-56 SECTION 8. Article 26.052, Code of Criminal Procedure, is
8-57 amended by amending Subsections (d) and (e) and adding Subsection
8-58 (m) to read as follows:
8-59 (d)(1) The committee shall adopt standards for the
8-60 qualification of attorneys to be appointed to represent indigent
8-61 defendants in capital cases in which the death penalty is sought
8-62 [for appointment to death penalty cases].
8-63 (2) The standards must require that an attorney
8-64 appointed to a death penalty case:
8-65 (A) be a member of the State Bar of Texas;
8-66 (B) exhibit proficiency and commitment to
8-67 providing quality representation to defendants in death penalty
8-68 cases;
8-69 (C) have at least five years of experience in
9-1 criminal litigation;
9-2 (D) have tried to a verdict as lead defense
9-3 counsel 10 or more felony cases, at least four of which were
9-4 homicide trials and five of which were for offenses punishable as
9-5 second or first degree felonies or capital felonies;
9-6 (E) have trial experience in:
9-7 (i) the use of and challenges to mental
9-8 health or forensic expert witnesses; and
9-9 (ii) investigating and presenting
9-10 mitigating evidence at the penalty phase of a death penalty trial;
9-11 and
9-12 (F) have participated in continuing legal
9-13 education courses or other training relating to criminal defense in
9-14 death penalty cases.
9-15 (3) The committee shall prominently post the standards
9-16 in each district clerk's office in the region with a list of
9-17 attorneys qualified for appointment.
9-18 (4) Not later than the second anniversary of the date
9-19 an attorney is placed on the list of attorneys qualified for
9-20 appointment in death penalty cases, the attorney must present proof
9-21 to the committee that the attorney has successfully completed a
9-22 course or other form of training relating to the defense of death
9-23 penalty cases that is acceptable to the committee. The committee
9-24 shall remove the attorney's name from the list of qualified
9-25 attorneys if the attorney fails to provide the committee with proof
9-26 of completion of the course or other training.
9-27 (e) The presiding judge of the district court in which a
9-28 capital felony case is filed shall appoint two attorneys, at least
9-29 one of whom must be qualified under this chapter, [counsel] to
9-30 represent an indigent defendant as soon as practicable after
9-31 charges are filed, unless the state gives notice in writing that
9-32 the state will not seek the death penalty [if the death penalty is
9-33 sought in the case. The judge shall appoint lead trial counsel
9-34 from the list of attorneys qualified for appointment. The judge
9-35 shall appoint a second counsel to assist in the defense of the
9-36 defendant, unless reasons against the appointment of two counsel
9-37 are stated in the record].
9-38 (m) The local selection committee shall annually review the
9-39 list of attorneys posted under Subsection (d) to ensure that each
9-40 listed attorney satisfies the requirements under this chapter.
9-41 SECTION 9. Subsection (h), Article 102.075, Code of Criminal
9-42 Procedure, is amended to read as follows:
9-43 (h) The comptroller shall deposit money received under this
9-44 article to the credit of the following accounts in the general
9-45 revenue fund according to the specified percentages:
9-46 NAME OF ACCOUNT PERCENTAGE
9-47 abused children's counseling 0.02%
9-48 crime stoppers assistance 0.6%
9-49 breath alcohol testing 1.28%
9-50 Bill Blackwood Law Enforcement
9-51 Management Institute 5.04%
9-52 law enforcement officers standards and education 11.63%
9-53 comprehensive rehabilitation 12.37%
9-54 operator's and chauffeur's license 25.9%
9-55 criminal justice planning 29.18%
9-56 fair defense account 13.98%
9-57 SECTION 10. Chapter 51, Family Code, is amended by adding
9-58 Section 51.101 to read as follows:
9-59 Sec. 51.101. APPOINTMENT OF COUNSEL PLAN. (a) The
9-60 juvenile board of each county shall adopt a plan that:
9-61 (1) specifies the qualifications necessary for an
9-62 attorney to be included on an appointment list from which attorneys
9-63 are appointed to represent children in proceedings under this
9-64 title; and
9-65 (2) establishes procedures for:
9-66 (A) including attorneys on the appointment list
9-67 and removing attorneys from the list; and
9-68 (B) appointing attorneys from the appointment
9-69 list to individual cases.
10-1 (b) A plan adopted under Subsection (a) must:
10-2 (1) to the extent practicable, comply with the
10-3 requirements of Article 26.04, Code of Criminal Procedure, except
10-4 that:
10-5 (A) the income and assets of the child's parent
10-6 or other person responsible for the child's support must be used in
10-7 determining whether the child is indigent; and
10-8 (B) any alternative plan for appointing counsel
10-9 is established by the juvenile board; and
10-10 (2) recognize the differences in qualifications and
10-11 experience necessary for appointments to cases in which:
10-12 (A) the allegation is:
10-13 (i) conduct indicating a need for
10-14 supervision;
10-15 (ii) delinquent conduct, and commitment to
10-16 the Texas Youth Commission is not an authorized disposition; or
10-17 (iii) delinquent conduct, and commitment
10-18 to the Texas Youth Commission without a determinate sentence is an
10-19 authorized disposition;
10-20 (B) determinate sentence proceedings have been
10-21 initiated; or
10-22 (C) proceedings for discretionary transfer to
10-23 criminal court have been initiated.
10-24 SECTION 11. Section 71.001, Government Code, is amended by
10-25 adding Subdivisions (3) through (7) to read as follows:
10-26 (3) "Crime" means:
10-27 (A) a misdemeanor punishable by confinement; or
10-28 (B) a felony.
10-29 (4) "Defendant" means a person accused of a crime or a
10-30 juvenile offense.
10-31 (5) "Indigent defense support services" means criminal
10-32 defense services that:
10-33 (A) are provided by licensed investigators,
10-34 experts, or other similar specialists, including forensic experts
10-35 and mental health experts; and
10-36 (B) are reasonably necessary for appointed
10-37 counsel to provide adequate representation to indigent defendants.
10-38 (6) "Juvenile offense" means conduct committed by a
10-39 person while younger than 17 years of age that constitutes:
10-40 (A) a misdemeanor punishable by confinement; or
10-41 (B) a felony.
10-42 (7) "Public defender" has the meaning assigned by
10-43 Article 26.044(a), Code of Criminal Procedure.
10-44 SECTION 12. Subchapter C, Chapter 71, Government Code, is
10-45 amended by adding Section 71.0351 to read as follows:
10-46 Sec. 71.0351. INDIGENT DEFENSE INFORMATION. (a) Not later
10-47 than January 1 of each year, in each county, a copy of all formal
10-48 and informal rules and forms that describe the procedures used in
10-49 the county to provide indigent defendants with counsel in
10-50 accordance with the Code of Criminal Procedure, including the
10-51 schedule of fees required under Article 26.05 of that code, shall
10-52 be prepared and sent to the Office of Court Administration of the
10-53 Texas Judicial System in the form and manner prescribed by the
10-54 office. Except as provided by Subsection (b), the local
10-55 administrative district judge in each county, or the person
10-56 designated by the judge, shall prepare and send to the office of
10-57 court administration a copy of all rules and forms adopted by the
10-58 judges of the district courts trying felony cases in the county.
10-59 Except as provided by Subsection (b), the local administrative
10-60 statutory county court judge in each county, or the person
10-61 designated by the judge, shall prepare and send to the office of
10-62 court administration a copy of all rules and forms adopted by the
10-63 judges of the county courts and statutory county courts trying
10-64 misdemeanor cases in the county.
10-65 (b) If the judges of two or more levels of courts adopt the
10-66 same formal and informal rules and forms as described by Subsection
10-67 (a), the local administrative judge serving the courts having
10-68 jurisdiction over offenses with the highest classification of
10-69 punishment, or the person designated by the judge, shall prepare
11-1 and send to the Office of Court Administration of the Texas
11-2 Judicial System a copy of the rules and forms.
11-3 (c) In each county, the county auditor, or the person
11-4 designated by the commissioners court if the county does not have a
11-5 county auditor, shall prepare and send to the Office of Court
11-6 Administration of the Texas Judicial System in the form and manner
11-7 prescribed by the office:
11-8 (1) information showing the total amount expended by
11-9 the county to provide indigent defense support services and an
11-10 analysis of the amount expended by the county:
11-11 (A) in each district, county, statutory county,
11-12 and appellate court, if available;
11-13 (B) in cases for which a private attorney is
11-14 appointed for an indigent defendant;
11-15 (C) in cases for which a public defender is
11-16 appointed for an indigent defendant;
11-17 (D) in cases for which counsel is appointed for
11-18 an indigent juvenile under Section 51.10(f), Family Code; and
11-19 (E) for investigation expenses, expert witness
11-20 expenses, or other litigation expenses; and
11-21 (2) the following information with respect to legal
11-22 services provided in the county to indigent defendants during each
11-23 fiscal year:
11-24 (A) the name of the attorney appointed to
11-25 represent the defendant;
11-26 (B) the amount of time spent on the case by the
11-27 attorney appointed to represent the defendant, regardless of
11-28 whether the time was spent in or out of court; and
11-29 (C) the amounts requested and paid in attorney's
11-30 fees and litigation costs, including investigation and expert
11-31 witness costs.
11-32 (d) The information required under Subsection (c) may be
11-33 provided on a monthly, quarterly, or annual basis and shall also
11-34 include for each analysis under that subsection the number of cases
11-35 for which the amount was expended, if available.
11-36 (e) The crime records service of the Department of Public
11-37 Safety shall prepare and send to the Office of Court Administration
11-38 of the Texas Judicial System in the form and manner prescribed by
11-39 the office the following information with respect to legal services
11-40 provided in each county to indigent defendants during each fiscal
11-41 year:
11-42 (1) the court designation;
11-43 (2) the incident number on the incident fingerprint
11-44 card;
11-45 (3) the date of birth, race, and sex of the defendant,
11-46 if available;
11-47 (4) the dates of arrest, appearance before a
11-48 magistrate, and appointment of counsel; and
11-49 (5) disposition of the case.
11-50 (f) As a duty of office, each district and county clerk
11-51 shall cooperate with the county auditor or the person designated by
11-52 the commissioners court and the commissioners court in retrieving
11-53 information required to be sent to the Office of Court
11-54 Administration of the Texas Judicial System under Subsection (c).
11-55 (g) On receipt of information required under this section,
11-56 the Office of Court Administration of the Texas Judicial System
11-57 shall forward the information to the Task Force on Indigent
11-58 Defense.
11-59 SECTION 13. Chapter 71, Government Code, is amended by
11-60 adding Subchapter D to read as follows:
11-61 SUBCHAPTER D. TASK FORCE ON INDIGENT DEFENSE
11-62 Sec. 71.051. ESTABLISHMENT OF TASK FORCE; COMPOSITION. The
11-63 Task Force on Indigent Defense is established as a standing
11-64 committee of the council and is composed of eight ex officio
11-65 members and four appointive members.
11-66 Sec. 71.052. EX OFFICIO MEMBERS. The ex officio members
11-67 are:
11-68 (1) the following six members of the council:
11-69 (A) the chief justice of the supreme court;
12-1 (B) the presiding judge of the court of criminal
12-2 appeals;
12-3 (C) the member of the senate appointed by the
12-4 lieutenant governor;
12-5 (D) the member of the house of representatives
12-6 appointed by the speaker of the house;
12-7 (E) one of the district court judges serving on
12-8 the council who is designated by the chief justice of the supreme
12-9 court to serve on the Task Force on Indigent Defense; and
12-10 (F) one of the county court, statutory county
12-11 court, or statutory probate court judges serving on the council who
12-12 is designated by the chief justice of the supreme court to serve on
12-13 the Task Force on Indigent Defense;
12-14 (2) the chair of the Senate Criminal Justice
12-15 Committee; and
12-16 (3) the chair of the House Criminal Jurisprudence
12-17 Committee.
12-18 Sec. 71.053. APPOINTMENTS. (a) The governor shall appoint
12-19 with the advice and consent of the senate four members of the Task
12-20 Force on Indigent Defense as follows:
12-21 (1) one member who is a presiding judge of an
12-22 administrative judicial region;
12-23 (2) one member who is a judge of a constitutional
12-24 county court or who is a county commissioner;
12-25 (3) one member who is a practicing criminal defense
12-26 attorney; and
12-27 (4) one member who is a public defender or who is
12-28 employed by a public defender.
12-29 (b) The members serve staggered terms of two years, with two
12-30 members' terms expiring February 1 of each odd-numbered year and
12-31 two members' terms expiring February 1 of each even-numbered year.
12-32 (c) In making appointments to the Task Force on Indigent
12-33 Defense, the governor shall attempt to reflect the geographic and
12-34 demographic diversity of the state.
12-35 (d) A person may not be appointed to the Task Force on
12-36 Indigent Defense if the person is required to register as a
12-37 lobbyist under Chapter 305 because of the person's activities for
12-38 compensation on behalf of a profession related to the operation of
12-39 the task force or the council.
12-40 Sec. 71.054. VACANCIES. A vacancy on the Task Force on
12-41 Indigent Defense must be filled for the unexpired term in the same
12-42 manner as the original appointment. An appointment to fill a
12-43 vacancy shall be made not later than the 90th day after the date
12-44 the vacancy occurs.
12-45 Sec. 71.055. MEETINGS; QUORUM; VOTING. (a) The Task Force
12-46 on Indigent Defense shall meet at least quarterly and at such other
12-47 times as it deems necessary or convenient to perform its duties.
12-48 (b) Six members of the Task Force on Indigent Defense
12-49 constitute a quorum for purposes of transacting task force
12-50 business. The task force may act only on the concurrence of five
12-51 task force members or a majority of the task force members present,
12-52 whichever number is greater. The task force may develop policies
12-53 and standards under Section 71.060 only on the concurrence of seven
12-54 task force members.
12-55 (c) A Task Force on Indigent Defense member is entitled to
12-56 vote on any matter before the task force, except as otherwise
12-57 provided by rules adopted by the task force and ratified by the
12-58 council.
12-59 Sec. 71.056. COMPENSATION. A Task Force on Indigent Defense
12-60 member may not receive compensation for services on the task force
12-61 but is entitled to be reimbursed for actual and necessary expenses
12-62 incurred in discharging the member's duties as a task force member.
12-63 The expenses are paid from funds appropriated to the task force.
12-64 Sec. 71.057. BUDGET. (a) The Task Force on Indigent
12-65 Defense budget shall be a part of the budget for the council. In
12-66 preparing a budget and presenting the budget to the legislature,
12-67 the task force shall consult with the executive director of the
12-68 Office of Court Administration of the Texas Judicial System.
12-69 (b) The Task Force on Indigent Defense budget may include
13-1 money for personnel who are employees of the council but who are
13-2 assigned to assist the task force in performing its duties.
13-3 (c) The executive director of the Office of Court
13-4 Administration of the Texas Judicial System may not reduce or
13-5 modify the Task Force on Indigent Defense budget or use funds
13-6 appropriated to the task force without the approval of the task
13-7 force.
13-8 Sec. 71.058. FAIR DEFENSE ACCOUNT. The fair defense account
13-9 is an account in the general revenue fund that may be appropriated
13-10 only for the purpose of implementing this subchapter.
13-11 Sec. 71.059. ACCEPTANCE OF GIFTS, GRANTS, AND OTHER FUNDS.
13-12 The Task Force on Indigent Defense may accept gifts, grants, and
13-13 other funds from any public or private source to pay expenses
13-14 incurred in performing its duties under this subchapter.
13-15 Sec. 71.060. POLICIES AND STANDARDS. (a) The Task Force on
13-16 Indigent Defense shall develop policies and standards for providing
13-17 legal representation and other defense services to indigent
13-18 defendants at trial, on appeal, and in postconviction proceedings.
13-19 The policies and standards may include:
13-20 (1) performance standards for counsel appointed to
13-21 represent indigent defendants;
13-22 (2) qualification standards under which attorneys may
13-23 qualify for appointment to represent indigent defendants,
13-24 including:
13-25 (A) qualifications commensurate with the
13-26 seriousness of the nature of the proceeding;
13-27 (B) qualifications appropriate for
13-28 representation of mentally ill defendants and noncitizen
13-29 defendants;
13-30 (C) successful completion of relevant continuing
13-31 legal education programs approved by the council; and
13-32 (D) testing and certification standards;
13-33 (3) standards for ensuring appropriate appointed
13-34 caseloads for counsel appointed to represent indigent defendants;
13-35 (4) standards for determining whether a person accused
13-36 of a crime or juvenile offense is indigent;
13-37 (5) standards governing the reasonable compensation of
13-38 counsel appointed to represent indigent defendants;
13-39 (6) standards governing the availability and
13-40 reasonable compensation of providers of indigent defense support
13-41 services for counsel appointed to represent indigent defendants;
13-42 and
13-43 (7) other policies and standards for providing
13-44 indigent defense support services as determined by the task force
13-45 to be appropriate.
13-46 (b) The Task Force on Indigent Defense shall submit policies
13-47 and standards developed under Subsection (a) to the council for
13-48 ratification.
13-49 (c) Any qualification standards adopted by the Task Force on
13-50 Indigent Defense under Subsection (a) that relate to the
13-51 appointment of counsel in a death penalty case must be consistent
13-52 with the standards specified under Article 26.052(d), Code of
13-53 Criminal Procedure. An attorney who is identified by the task
13-54 force as not satisfying performance or qualification standards
13-55 adopted by the task force under Subsection (a) may not accept an
13-56 appointment in a capital case.
13-57 Sec. 71.061. REPORTS. (a) The Task Force on Indigent
13-58 Defense shall annually submit to the governor, lieutenant governor,
13-59 speaker of the house of representatives, and council and shall
13-60 publish in written and electronic form a report:
13-61 (1) containing the information forwarded to the task
13-62 force from the Office of Court Administration of the Texas Judicial
13-63 System under Section 71.0351(g); and
13-64 (2) regarding:
13-65 (A) the quality of legal representation provided
13-66 by counsel appointed to represent indigent defendants;
13-67 (B) current indigent defense practices in the
13-68 state as compared to state and national standards; and
13-69 (C) efforts made by the task force to improve
14-1 indigent defense practices in the state.
14-2 (b) The Task Force on Indigent Defense shall annually submit
14-3 to the Legislative Budget Board and council and shall publish in
14-4 written and electronic form a detailed report of all expenditures
14-5 made under this subchapter, including distributions under Section
14-6 71.062.
14-7 (c) The Task Force on Indigent Defense may issue other
14-8 reports relating to indigent defense as determined to be
14-9 appropriate by the task force.
14-10 Sec. 71.062. TECHNICAL SUPPORT; DISTRIBUTION OF FUNDS.
14-11 (a) The Task Force on Indigent Defense shall:
14-12 (1) provide technical support to assist counties in
14-13 improving their indigent defense systems;
14-14 (2) establish a method for fairly allocating funds to
14-15 counties that appropriately weighs factors, including:
14-16 (A) county population;
14-17 (B) current spending in the county and the
14-18 amount of spending increase for indigent defense services; and
14-19 (C) the county's tax base; and
14-20 (3) review each county's indigent defense system and
14-21 determine whether the county is eligible for a distribution of
14-22 funds under Subsection (c).
14-23 (b) A county is eligible for a distribution of funds under
14-24 Subsection (c) only if:
14-25 (1) the county is in compliance with the requirements
14-26 of Articles 1.051, 14.06, and 15.17, Code of Criminal Procedure,
14-27 relating to prompt appointment of counsel and appearance before a
14-28 magistrate;
14-29 (2) the county is in compliance with the requirements
14-30 of Article 26.04, Code of Criminal Procedure, relating to
14-31 procedures for appointing counsel; and
14-32 (3) the county is in compliance with standards
14-33 established by the Task Force on Indigent Defense under this
14-34 subchapter.
14-35 (c) The comptroller shall distribute funds to counties that
14-36 are eligible for a distribution of funds as determined by the Task
14-37 Force on Indigent Defense under Subsection (a)(3). The funds shall
14-38 be distributed in accordance with the methodology established by
14-39 the task force under Subsection (a)(2).
14-40 (d) The comptroller shall monitor each county that receives
14-41 a distribution of funds under Subsection (c) to ensure compliance
14-42 by the county with the conditions of the distribution. In ensuring
14-43 compliance by a county, the comptroller may:
14-44 (1) withdraw funds; or
14-45 (2) require reimbursement of funds by the county.
14-46 SECTION 14. Sections 26.041, 26.042, 26.043, 26.045, 26.046,
14-47 26.047, 26.048, 26.049, 26.050, and 26.058, Code of Criminal
14-48 Procedure, are repealed.
14-49 SECTION 15. The change in law made by this Act applies only
14-50 to a person arrested for or charged with an offense committed or,
14-51 for purposes of Title 3, Family Code, a child taken into custody
14-52 for conduct or alleged to have engaged in conduct that occurs on or
14-53 after the effective date of this Act and to the appointment of
14-54 counsel for that person or child. A person arrested for or charged
14-55 with an offense committed or a child taken into custody for conduct
14-56 or alleged to have engaged in conduct that occurs before the
14-57 effective date of this Act is covered by the law in effect when the
14-58 offense was committed or the conduct occurred, and the former law
14-59 is continued in effect for that purpose.
14-60 SECTION 16. A county having established a public defender
14-61 under a statute repealed or amended by this Act may continue the
14-62 existence and operation of the public defender under the terms of
14-63 the repealed or amended statute as that statute existed immediately
14-64 before the effective date of this Act if the public defender is a
14-65 governmental entity or nonprofit corporation described by
14-66 Subsection (a), Article 26.044, Code of Criminal Procedure, as
14-67 amended by this Act. The change in law made by this Act to Article
14-68 26.044, Code of Criminal Procedure, applies only to a public
14-69 defender appointed on or after the effective date of this Act.
15-1 SECTION 17. A local administrative judge or other person
15-2 designated under Subsection (a) or (b), Section 71.0351, Government
15-3 Code, as added by this Act, shall begin sending to the Office of
15-4 Court Administration of the Texas Judicial System the information
15-5 required to be sent by that section on or before January 1, 2002.
15-6 A county auditor or other person designated under Subsection (c),
15-7 Section 71.0351, Government Code, as added by this Act, shall begin
15-8 sending to the Office of Court Administration of the Texas Judicial
15-9 System the information required by that section on or before July
15-10 1, 2002. The crime records service of the Department of Public
15-11 Safety shall begin sending to the Office of Court Administration of
15-12 the Texas Judicial System the information required by Subsection
15-13 (e), Section 71.0351, Government Code, as added by this Act, on or
15-14 before September 1, 2003.
15-15 SECTION 18. The governor shall make appointments to the Task
15-16 Force on Indigent Defense as soon as practicable after the
15-17 effective date of this Act. In appointing the initial members of
15-18 the task force, the governor shall appoint the member who is a
15-19 presiding judge of an administrative judicial region and the member
15-20 who is a practicing criminal defense attorney for terms expiring
15-21 February 1, 2003, and the member who is a judge of a constitutional
15-22 county court or who is a county commissioner and the member who is
15-23 a public defender or who is employed by a public defender for terms
15-24 expiring February 1, 2004.
15-25 SECTION 19. A local selection committee shall amend
15-26 standards previously adopted by the committee to conform with the
15-27 requirements of Subsection (d), Article 26.052, Code of Criminal
15-28 Procedure, as amended by this Act, not later than April 1, 2002.
15-29 An attorney appointed to a death penalty case that begins on or
15-30 after April 1, 2002, must meet the standards adopted in conformity
15-31 with the amended Subsection (d), Article 26.052, Code of Criminal
15-32 Procedure. An attorney appointed to a death penalty case that
15-33 begins before April 1, 2002, is covered by the law in effect when
15-34 the case began, and the former law is continued in effect for that
15-35 purpose.
15-36 SECTION 20. Subsection (h), Article 102.075, Code of
15-37 Criminal Procedure, as amended by this Act, applies only to a court
15-38 cost collected under that article on or after the effective date of
15-39 this Act. A court cost collected under Article 102.075, Code of
15-40 Criminal Procedure, before the effective date of this Act is
15-41 governed by the law in effect when the court cost was collected,
15-42 and the former law is continued in effect for that purpose.
15-43 SECTION 21. Not later than September 1, 2002, the Task Force
15-44 on Indigent Defense shall submit to the Legislative Budget Board a
15-45 report on the distribution of funds under Section 71.062,
15-46 Government Code, as added by this Act, and shall submit to the
15-47 legislature a report containing recommendations related to the
15-48 establishment of a regular program for distributing funds,
15-49 including grants, to counties based on a county's compliance with
15-50 indigent defense standards adopted by the legislature and the Task
15-51 Force on Indigent Defense.
15-52 SECTION 22. This Act takes effect January 1, 2002.
15-53 * * * * *