H.B. No. 3152
AN ACT
relating to procedures applicable to waivers of the right to
counsel.
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 (f) and (g) and adding Subsections
(a-1) and (a-2) to read as follows:
(a-1) The attorney for the state in a criminal case may not:
(1) initiate or encourage an attempt to obtain from an
unrepresented defendant a waiver of the right to counsel; or
(2) communicate with a defendant who has requested the
appointment of counsel unless the court or the court's designee
authorized under Article 26.04 to appoint counsel for indigent
defendants in the county has denied the request.
(a-2) The court may not direct or encourage the defendant to
communicate with the attorney for the state until the court advises
the defendant of the right to counsel and the procedure for
obtaining counsel and the defendant has been given a reasonable
opportunity to obtain counsel. If the defendant has requested
appointed counsel, the court may not direct or encourage the
defendant to communicate with the attorney for the state unless the
court or the court's designee authorized under Article 26.04 to
appoint counsel for indigent defendants in the county has denied
the request.
(f) A defendant may voluntarily and intelligently waive in
writing the right to counsel. A waiver obtained in violation of
Subsection (a-1) or (a-2) is presumed invalid.
(g) If a defendant wishes to waive his right to counsel,
whether for purposes of entering a guilty plea or proceeding to
trial, the court shall advise him of the dangers and disadvantages
of self-representation. If the court determines that the waiver is
voluntarily and intelligently made, the court shall provide the
defendant with a statement substantially in the following form,
which, if signed by the defendant, shall be filed with and become
part of the record of the proceedings:
"I have been advised this ______ day of __________, 20
[19] ____, by the (name of court) Court of my right to
representation by counsel in the case [trial of the
charge] pending against me. I have been further
advised that if I am unable to afford counsel, one will
be appointed for me free of charge. Understanding my
right to have counsel appointed for me free of charge
if I am not financially able to employ counsel, I wish
to waive that right and request the court to proceed
with my case without an attorney being appointed for
me. I hereby waive my right to counsel. (signature of
defendant)"
SECTION 2. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3152 was passed by the House on May
13, 2005, by a non-record vote; and that the House adopted H.C.R.
No. 230 authorizing certain corrections in H.B. No. 3152 on May 30,
2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3152 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0; and that the
Senate adopted H.C.R. No. 230 authorizing certain corrections in
H.B. No. 3152 on May 30, 2005, by a viva-voce vote.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor