79R3604 PEP-D

By:  Hughes                                                       H.B. No. 1276



A BILL TO BE ENTITLED

AN ACT

relating to the appointment of counsel for indigent defendants.               
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 1.051, Code of Criminal Procedure, is 
amended by amending Subsections (c) and (j) to read as follows:
	(c)  An indigent defendant is entitled to have an attorney 
appointed to represent him in any adversary judicial proceeding 
that may result in punishment by confinement and in any other 
criminal proceeding if the court concludes that the interests of 
justice require representation.  Except as otherwise provided by 
this subsection, if an indigent defendant is entitled to and 
requests appointed counsel and if adversarial judicial proceedings 
have been initiated against the defendant, a court or the courts' 
designee authorized under Article 26.04 to appoint counsel for 
indigent defendants in the county shall appoint counsel as soon as 
possible, but not later than the end of the third working day after 
the date on which the court or the courts' designee receives the 
defendant's request for appointment of counsel.  In a county with a 
population of 250,000 or more, the court or the courts' designee 
shall appoint counsel as required by this subsection as soon as 
possible, but not later than the end of the first working day after 
the date on which the court or the courts' designee receives the 
defendant's request for appointment of counsel.  In a county with a 
population of less than 100,000, the court or the courts' designee 
shall appoint counsel as required by this subsection not later than 
the end of the seventh working day after the date on which the court 
or the courts' designee receives the defendant's request for 
appointment of counsel if the defendant is charged with:
		(1)  a Class B misdemeanor; or                                         
		(2)  a Class C misdemeanor with respect to which the 
court concluded that the interests of justice required 
representation.
	(j)  Notwithstanding any other provision of this article
[section], if an indigent defendant is released from custody prior 
to the appointment of counsel under this article [section], 
appointment of counsel is not required until the defendant's first 
court appearance after [or when] adversarial judicial proceedings 
are initiated[, whichever comes first].
	SECTION 2.  The change in law made by this Act applies only 
to a defendant's request for appointment of counsel made on or after 
the effective date of this Act.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.