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79R2960 PEP-D
By: Keel H.B. No. 1701
A BILL TO BE ENTITLED
AN ACT
relating to the defense of indigent persons accused of a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 71.0351, Government Code, is amended to
read as follows:
Sec. 71.0351. INDIGENT DEFENSE INFORMATION. (a) In each
county, not [Not] later than November [January] 1 of each
odd-numbered year and in the form and manner prescribed by the Task
Force on Indigent Defense, the following information shall be
prepared and provided to the Office of Court Administration of the
Texas Judicial System:
(1) [, in each county,] a copy of all formal and
informal rules and forms that describe the procedures used in the
county to provide indigent defendants with counsel in accordance
with the Code of Criminal Procedure, including the schedule of fees
required under Article 26.05 of that code;
(2) any revisions to rules or forms previously
submitted to the office of court administration under this section;
or
(3) verification that rules and forms previously
submitted to the office of court administration under this section
still remain in effect[, shall be prepared and sent to the Office of
Court Administration of the Texas Judicial System in the form and
manner prescribed by the office].
(b) Except as provided by Subsection (c):
(1) [(b),] the local administrative district judge in
each county, or the person designated by the judge, shall perform
the action required by Subsection (a) with respect to [prepare and
send to the office of court administration a copy of] all rules and
forms adopted by the judges of the district courts trying felony
cases in the county; and
(2) [. Except as provided by Subsection (b),] the
local administrative statutory county court judge in each county,
or the person designated by the judge, shall perform the action
required by Subsection (a) with respect to [prepare and send to the
office of court administration a copy of] all rules and forms
adopted by the judges of the county courts and statutory county
courts trying misdemeanor cases in the county.
(c) [(b)] If the judges of two or more levels of courts
described by Subsection (b) adopt the same formal and informal
rules and forms [as described by Subsection (a)], the local
administrative judge serving the courts having jurisdiction over
offenses with the highest classification of punishment, or the
person designated by the judge, shall perform the action required
by Subsection (a) [prepare and send to the Office of Court
Administration of the Texas Judicial System a copy of the rules and
forms].
(d) The chair of the juvenile board in each county, or the
person designated by the chair, shall perform the action required
by Subsection (a) with respect to all rules and forms adopted by the
juvenile board.
(e) [(c)] In each county, the county auditor, or the person
designated by the commissioners court if the county does not have a
county auditor, shall prepare and send to the Office of Court
Administration of the Texas Judicial System in the form and manner
prescribed by the Task Force on Indigent Defense [office] and on a
monthly, quarterly, or annual basis, with respect to legal services
provided in the county to indigent defendants during each fiscal
year, information showing the total amount expended by the county
to provide indigent defense services and an analysis of the amount
expended by the county:
(1) in each district, county, statutory county, and
appellate court;
(2) in cases for which a private attorney is appointed
for an indigent defendant;
(3) in cases for which a public defender is appointed
for an indigent defendant;
(4) in cases for which counsel is appointed for an
indigent juvenile under Section 51.10(f), Family Code; and
(5) for investigation expenses, expert witness
expenses, or other litigation expenses.
(f) [(d)] As a duty of office, each district and county
clerk shall cooperate with the county auditor or the person
designated by the commissioners court and the commissioners court
in retrieving information required to be sent to the Office of Court
Administration of the Texas Judicial System under this section and
under a reporting plan developed by the Task Force on Indigent
Defense under Section 71.061(a).
[(e) On receipt of information required under this section,
the Office of Court Administration of the Texas Judicial System
shall forward the information to the Task Force on Indigent
Defense.]
SECTION 2. Section 71.053(b), Government Code, is amended
to read as follows:
(b) The members serve staggered terms of two years, with two
members' terms expiring February 1 of each odd-numbered year and
three [two] members' terms expiring February 1 of each
even-numbered year.
SECTION 3. Section 71.059(b), Government Code, is amended
to read as follows:
(b) The State Grants Team of the Governor's Office of
Budget, [and] Planning, and Policy may assist the Task Force on
Indigent Defense in identifying grants and other resources
available for use by the task force in performing its duties under
this subchapter.
SECTION 4. Section 71.061(b), Government Code, is amended
to read as follows:
(b) The Task Force on Indigent Defense shall annually submit
to the governor, lieutenant governor, speaker of the house of
representatives, and council and shall publish in written and
electronic form a report:
(1) containing the information submitted [forwarded
to the task force from the Office of Court Administration of the
Texas Judicial System] under Section 71.0351 [71.0351(e)]; and
(2) regarding:
(A) the quality of legal representation provided
by counsel appointed to represent indigent defendants;
(B) current indigent defense practices in the
state as compared to state and national standards;
(C) efforts made by the task force to improve
indigent defense practices in the state; and
(D) recommendations made by the task force for
improving indigent defense practices in the state.
SECTION 5. Article 26.044(a), Code of Criminal Procedure,
is amended to read as follows:
(a) In this chapter:
(1) "Governmental entity" includes a county, a group
of counties, a branch or agency of a county, an administrative
judicial region created by Section 74.042, Government Code, and any
entity created under the Interlocal Cooperation Act as permitted by
Chapter 791, Government Code.
(2) "Public[, "public] defender" means a governmental
entity or nonprofit corporation:
(A) [(1)] operating under a written agreement
with a governmental entity, other than an individual judge or
court;
(B) [(2)] using public funds; and
(C) [(3)] providing legal representation and
services to indigent defendants accused of a crime or juvenile
offense, as those terms are defined by Section 71.001, Government
Code.
SECTION 6. This Act takes effect September 1, 2005.