By:  Escobar, Hodge (Senate Sponsor - Ellis)                      H.B. No. 3152
	(In the Senate - Received from the House May 16, 2005; 
May 17, 2005, read first time and referred to Committee on Criminal 
Justice; May 20, 2005, reported favorably by the following vote:  
Yeas 4, Nays 0; May 20, 2005, sent to printer.)

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.
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