S.B. 600 78(R)    BILL ANALYSIS


S.B. 600
By: West
Criminal Jurisprudence
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, Texas law has two different procedures for paying expenses in
habeas and death penalty cases.  In cases where the conviction occurred
before September 1, 1999, the Court of Criminal Appeals is responsible for
the appointment and reimbursement of expenses.  In cases where the
conviction occurred after September 1, 1999, the convicting court is
responsible for the appointment and reimbursement of expenses.  Senate
Bill 600 allows cases involving convictions prior to September 1, 1999, to
be reimbursed under the same procedures as are in place for post-September
1, 1999, convictions.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

Senate Bill 600 amends the Code of Criminal Procedure to require the
convicting court to reasonably compensate an appointed attorney,
regardless of whether the attorney is appointed by the convicting court or
by the court of criminal appeals under prior law. The comptroller is
required to reimburse a county for the compensation and payment of
expenses of an attorney appointed by the court of criminal appeals under
prior law. The bill requires a convicting court seeking reimbursement for
a county to certify the amount the county is entitled to receive for an
application filed, not to exceed a total amount of $25,000. 

The counsel may incur expenses for habeas corpus investigation, including
expenses for experts, without prior approval by the court of criminal
appeals.  

EFFECTIVE DATE

September 1, 2003.