By:  Escobar, Hodge                                               H.B. No. 3152



A BILL TO BE ENTITLED

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 proceedings:
	"I have been advised this ______ day of __________, 
[19] 20  , 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 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.