SRC-LBB S.B. 727 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 727
78R3774 EMT-DBy: Staples
Criminal Justice
3/24/2003
As Filed


DIGEST AND PURPOSE 

Currently, Section 2A, Article 11.071, Code of Criminal Procedure,
requires the state to reimburse a county for compensation of attorneys
appointed to represent death row inmates in habeas corpus proceedings, but
caps those payments at $25,000 per county per biennium.  As proposed, S.B.
727 increases the reimbursement cap for indigent capital defense from
$25,000 to $50,000, with amounts in excess of that amount remaining the
obligation of the county. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subsections (a) and (b), Section 2A, Article 11.071,
Code of Criminal Procedure, as follows: 

(a)  Increases from $25,000 to $50,000 the total amount of reimbursement
to which a county is entitled under this section.  Makes a conforming
change. 

 (b)  Makes a conforming change.

SECTION 2.  Effective date:  September 1, 2003, but only if the
comptroller certifies on or before that date that at least $2 million is
appropriated by the General Appropriations Act, Acts of the 78th
Legislature, Regular Session, 2003, for the fiscal biennium ending August
31, 2005, to the court of criminal appeals for the purpose of providing
compensation and expenses to counsel representing persons under a sentence
of death in habeas corpus proceedings.