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79R3080 RMB-F
By: Ellis S.B. No. 1080
A BILL TO BE ENTITLED
AN ACT
relating to pre-trial procedures in a criminal case.
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), (f), and (i) and adding
Subsections (a-1), (a-2), and (c-1) 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.
(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.
(c-1) A court that is made aware of credible information
indicating that a defendant suffers from mental illness or mental
retardation to a degree that renders the defendant unable to
rationally decide whether to request appointed counsel shall
immediately appoint an attorney for the defendant.
(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.
(i) Except as otherwise provided by this subsection, if an
indigent defendant is entitled to and requests appointed counsel
and if adversarial judicial proceedings have not 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 immediately following the
expiration of [three working days after the date on which the court
or the courts' designee receives the defendant's request for
appointment of counsel. If adversarial judicial proceedings are
initiated against the defendant before the expiration of the three
working days, the court or the courts' designee shall appoint
counsel as provided by Subsection (c). 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 immediately
following the expiration of] one working day after the date on which
the court or the courts' designee receives the defendant's request
for appointment of counsel. If adversarial judicial proceedings
are initiated against the defendant before the expiration of the
one working day, the court or the courts' designee shall appoint
counsel as provided by Subsection (c).
SECTION 2. Article 17.02, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.02. DEFINITION OF "BAIL BOND"; CASH BOND
AUTHORIZED. (a) A "bail bond" is a written undertaking entered
into by the defendant and the defendant's [his] sureties for the
appearance of the principal therein before some court or magistrate
to answer a criminal accusation; provided, however, that the
defendant upon execution of such bail bond may deposit with the
custodian of funds of the court in which the prosecution is pending
current money of the United States in the amount of the bond, or in a
lesser amount as provided by Article 17.025, in lieu of having
sureties signing the same.
(b) Any cash funds deposited under this Article or Article
17.025 shall be receipted for by the officer receiving those funds.
The officer shall deposit the funds in an interest-bearing account
established for purposes of this subsection. Interest on the
amount in the account may be retained by the county to cover the
costs of administering this subsection. In addition, the county
may impose a fee, not to exceed 10 percent of the amount deposited,
to cover those administrative costs. The officer shall refund the
amount deposited, less any amount retained under this subsection as
an administrative fee, [the same and shall be refunded] to the
defendant, or to another person to whom that amount is assigned by
the defendant in a signed written instrument filed with that
officer, [if and] when the defendant complies with the conditions
of the defendant's [his] bond, and upon order of the court.
SECTION 3. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.025 to read as follows:
Art. 17.025. RELEASE ON BOND IN PARTIAL AMOUNT. (a) A
magistrate may release a defendant on bail by permitting the
defendant to deposit an amount of cash bond or to submit a bail bond
in an amount that is less than the total amount of bail set in the
case if the magistrate determines that requiring the defendant to
deposit a cash bond or to procure a bail bond in the full amount of
bail will impose an unreasonable hardship on the defendant.
(b) Only the court before whom the case is pending may
release a defendant under this article if the defendant is a
defendant described by Article 17.03(b).
(c) A magistrate who releases a defendant under this article
may impose any condition on the release that the magistrate could
impose if the defendant were released on personal bond.
SECTION 4. Article 17.03(b), Code of Criminal Procedure, is
amended to read as follows:
(b) Only the court before whom the case is pending may
release on personal bond a defendant who:
(1) is charged with an offense under the following
sections of the Penal Code:
(A) Section 19.02 (Murder);
(B) Section 19.03 (Capital Murder);
(C) Section 19.04 (Manslaughter);
(D) Section 19.05 (Criminally Negligent
Homicide);
(E) [(B)] Section 20.04 (Aggravated Kidnapping);
(F) [(C)] Section 22.021 (Aggravated Sexual
Assault)[;
[(D) Section 22.03 (Deadly Assault on Law
Enforcement or Corrections Officer, Member or Employee of Board of
Pardons and Paroles, or Court Participant)];
(G) [(E)] Section 22.04 (Injury to a Child,
Elderly Individual, or Disabled Individual);
(H) [(F)] Section 29.03 (Aggravated Robbery);
(I) [(G)] Section 30.02 (Burglary);
(J) Section 49.08 (Intoxication Manslaughter);
or
(K) [(H)] Section 71.02 (Engaging in Organized
Criminal Activity);
(2) is charged with a felony under Chapter 481, Health
and Safety Code, or Section 485.032 [485.033], Health and Safety
Code, punishable by imprisonment for a minimum term or by a maximum
fine that is more than a minimum term or maximum fine for a first
degree felony; or
(3) does not submit to testing for the presence of a
controlled substance in the defendant's body as requested by the
court or magistrate under Subsection (c) of this article or submits
to testing and the test shows evidence of the presence of a
controlled substance in the defendant's body.
SECTION 5. Article 26.04, Code of Criminal Procedure, is
amended by amending Subsections (a), (b), (e), (g), and (m) and
adding Subsections (m-1) and (m-2) to read as follows:
(a) The judges of the county courts, statutory county
courts, and district courts trying criminal cases in each county,
by local rule, shall adopt and publish written countywide
procedures for timely and fairly appointing counsel for an indigent
defendant in the county arrested for or charged with a misdemeanor
punishable by confinement or a felony. The procedures must be
consistent with this article and Articles 1.051, 15.17, 24.041,
26.05, and 26.052. A court shall appoint an attorney from a public
appointment list using a system of rotation, unless the court
appoints an attorney under Subsection (f), (h), or (i). The court
shall appoint attorneys from among the next five names on the
appointment list in the order in which the attorneys' names appear
on the list, unless the court makes a finding of good cause on the
record for appointing an attorney out of order. An attorney who is
not appointed in the order in which the attorney's name appears on
the list shall remain next in order on the list.
(b) Procedures adopted under Subsection (a) shall:
(1) authorize only the judges of the county courts,
statutory county courts, and district courts trying criminal cases
in the county, or the judges' designee, to appoint counsel for
indigent defendants in the county;
(2) apply to each appointment of counsel made by a
judge or the judges' designee in the county;
(3) ensure that each indigent defendant in the county
who is charged with a misdemeanor punishable by confinement or with
a felony and who appears in court without counsel has an opportunity
to confer with appointed counsel before the commencement of
judicial proceedings;
(4) require appointments for defendants in capital
cases in which the death penalty is sought to be made in compliance
[comply] with the requirements of [under] Article 26.052;
(5) ensure that each attorney appointed from a public
appointment list to represent an indigent defendant perform the
attorney's duty owed to the defendant in accordance with the
adopted procedures, the requirements of this code, and applicable
rules of ethics; [and]
(6) ensure that appointments are allocated among
qualified attorneys in a manner that is fair, neutral, and
nondiscriminatory; and
(7) require appointments for defendants with severe
mental illness or mental retardation to be made in compliance with
the requirements of Article 26.041.
(e) In a county in which a court is required under
Subsection (a) to appoint an attorney from a public appointment
list:
(1) the judges of the county courts and statutory
county courts trying misdemeanor cases in the county, by formal
action:
(A) shall:
(i) establish a public appointment list of
attorneys qualified to provide representation in the county in
misdemeanor cases punishable by confinement; and
(ii) specify the objective qualifications
necessary for an attorney to be included on the list; and
(B) may establish, if determined by the judges to
be appropriate, more than one appointment list graduated according
to the degree of seriousness of the offense and the attorneys'
qualifications; and
(2) the judges of the district courts trying felony
cases in the county, by formal action:
(A) shall:
(i) establish a public appointment list of
attorneys qualified to provide representation in felony cases in
the county; and
(ii) specify the objective qualifications
necessary for an attorney to be included on the list, which must
include service as lead counsel for two or more jury trials; and
(B) may establish, if determined by the judges to
be appropriate, more than one appointment list graduated according
to the degree of seriousness of the offense and the attorneys'
qualifications.
(g) A countywide alternative program for appointing counsel
for indigent defendants in criminal cases is established by a
formal action in which two-thirds of the judges of the courts
designated under this subsection vote to establish the alternative
program. An alternative program for appointing counsel in
misdemeanor and felony cases may be established in the manner
provided by this subsection by the judges of the county courts,
statutory county courts, and district courts trying criminal cases
in the county. An alternative program for appointing counsel in
misdemeanor cases may be established in the manner provided by this
subsection by the judges of the county courts and statutory county
courts trying criminal cases in the county. An alternative program
for appointing counsel in felony cases may be established in the
manner provided by this subsection by the judges of the district
courts trying criminal cases in the county. In a county in which an
alternative program is established:
(1) the alternative program may:
(A) use a single method for appointing counsel or
a combination of methods; and
(B) use a multicounty appointment list using a
system of rotation; and
(2) the procedures adopted under Subsection (a) must
ensure that:
(A) attorneys appointed using the alternative
program to represent defendants in misdemeanor cases punishable by
confinement:
(i) meet specified objective
qualifications, which may be graduated according to the degree of
seriousness of the offense, for providing representation in
misdemeanor cases punishable by confinement; and
(ii) are approved by a majority of the
judges of the county courts and statutory county courts trying
misdemeanor cases in the county;
(B) attorneys appointed using the alternative
program to represent defendants in felony cases:
(i) meet specified objective
qualifications, which may be graduated according to the degree of
seriousness of the offense, for providing representation in felony
cases; and
(ii) are approved by a majority of the
judges of the district courts trying felony cases in the county;
(C) appointments for defendants in capital cases
in which the death penalty is sought comply with the requirements of
Article 26.052; [and]
(D) appointments are reasonably and impartially
allocated among qualified attorneys;
(E) all misdemeanor courts within a county apply
the same indigent defense appointment system and the same rules for
appointment of counsel; and
(F) all felony courts within a county apply the
same indigent defense appointment system and the same rules for
appointment of counsel.
(m) In determining whether a defendant is indigent, the
court or the courts' designee shall [may] consider the defendant's
income, source of income, assets, property owned, outstanding
obligations, necessary expenses, the number and ages of dependents,
and spousal income that is available to the defendant; the
seriousness and complexity of each charged offense; the anticipated
cost of representation; and any other factor impacting the ability
of the defendant to retain private counsel. The court or the
courts' designee may not consider whether the defendant has posted
or is capable of posting bail, except to the extent that it reflects
the defendant's financial circumstances as measured by the
considerations listed in this subsection.
(m-1) A defendant is presumed to be indigent if:
(1) the defendant or a dependent of the defendant has
been determined to be eligible to receive public assistance,
including food stamps, Medicaid, Temporary Assistance to Needy
Families, Supplemental Security Income, public or subsidized
housing, or civil legal services;
(2) the household income of the defendant is equal to
or less than 150 percent of the poverty guidelines published
annually by the United States Department of Commerce;
(3) the defendant is currently:
(A) serving a sentence in a correctional
institution;
(B) residing in a public mental health facility;
or
(C) the subject of a proceeding in which
admission or commitment to a public mental health facility is
sought; or
(4) the defendant has been previously determined to be
indigent and entitled to court-appointed counsel in the currently
pending or a related court proceeding.
(m-2) Notwithstanding Subsections (m) and (m-1), a
defendant is eligible for appointment of counsel if the defendant
is unable to employ counsel without substantial financial hardship
to the defendant or the defendant's dependents.
SECTION 6. Chapter 26, Code of Criminal Procedure, is
amended by adding Articles 26.041, 26.042, and 26.043 to read as
follows:
Art. 26.041. APPOINTMENT OF COUNSEL FOR DEFENDANT WITH
SEVERE MENTAL ILLNESS OR MENTAL RETARDATION. In addition to
meeting the requirements of Article 26.04, an attorney appointed as
counsel for a defendant who suffers from severe mental illness or
mental retardation must:
(1) have experience representing criminal defendants
with mental illness or mental retardation; or
(2) have participated in legal education courses or
other training related to criminal defense of mentally ill or
mentally retarded defendants.
Art. 26.042. OFFICE FOR PRE-TRIAL SERVICES. (a) In this
article, "office for pre-trial services" means an office that
collects information about defendants and presents the information
to a court for use in bail and indigent defense proceedings.
(b) The commissioners court of a county may provide for the
pre-trial collection of information about defendants by:
(1) creating an office for pre-trial services for the
county;
(2) collaborating with the commissioners court in a
neighboring county or counties to create an office for pre-trial
services for the region; or
(3) contracting with a nonprofit entity.
(c) An office for pre-trial services may:
(1) investigate and verify facts about a defendant
that are relevant to releasing the defendant on bail or appointing
counsel for the defendant;
(2) prepare and present to the court a pre-trial
release recommendation describing the facts collected during the
investigation; and
(3) assist the court in securing the attendance in
court of a defendant released on personal or cash bond.
(d) A person convicted of an offense shall pay, in addition
to all other costs, a fee of no more than $20 to be determined by the
commissioners court or court in the county or counties in which the
office for pre-trial services is located.
(e) An office for pre-trial services may not deny services
to any person because the person is unable to pay for the services
as required by Subsection (d).
Sec. 26.043. RIGHT OF ACTION. (a) An aggrieved person may
file an action to secure compliance with a plan adopted by a county
under Article 26.04(a) if:
(1) the person has provided written notice describing
the alleged violation to county and judicial officials;
(2) the allegation describes a systemic or continual
violation of a plan that applies generally and has occurred without
doubt in a specific case; and
(3) the county and judicial officials fail to
substantially correct the violation in pending and future cases not
later than 30 days after receiving the notice by:
(A) amending the plan to conform to actual
practice; or
(B) conforming actual practice to the plan.
(b) A defendant in an action brought under this article may
bring into the action by joining as a defendant:
(1) any official or organization that votes in favor
of approving the plan; or
(2) any county that receives funds under Section
71.062, Government Code, to implement the plan.
(c) A person who prevails in an action brought under this
article may recover only declaratory relief, injunctive relief,
attorney's fees, and court costs.
(d) Venue for an action brought under this article is in a
district court in Travis County.
SECTION 7. Article 26.05, Code of Criminal Procedure, is
amended by amending Subsections (a), (c), and (h) and adding
Subsection (h-1) to read as follows:
(a) A counsel, other than an attorney with a public
defender, appointed to represent a defendant in a criminal
proceeding, including a habeas corpus hearing, shall be paid a
reasonable attorney's fee for performing the following services,
based on the time and labor required, the complexity of the case,
and the experience and ability of the appointed counsel:
(1) time spent in court making an appearance on behalf
of the defendant as evidenced by a docket entry, time spent in
trial, and time spent in a proceeding in which sworn oral testimony
is elicited;
(2) reasonable and necessary time spent out of court
on the case, supported by any documentation that the court
requires;
(3) preparation of an appellate brief and preparation
and presentation of oral argument to a court of appeals or the Court
of Criminal Appeals; and
(4) preparation of a motion for rehearing or a
petition for discretionary review.
(c) Each fee schedule adopted shall state reasonable fixed
rates or minimum and maximum hourly rates, taking into
consideration reasonable and necessary overhead costs and the
availability of qualified attorneys willing to accept the stated
rates, and shall provide a form for the appointed counsel to itemize
the types of services performed. No payment shall be made under
this article until the form for itemizing the services performed is
submitted to the judge presiding over the proceedings and the judge
approves the payment. If the judge disapproves the requested
amount of payment, the judge shall make written findings stating
the amount of payment that the judge approves and each reason for
approving an amount different from the requested amount. An
attorney whose request for payment is wholly or partly disapproved
may appeal the disapproval by filing a motion with the presiding
judge of the administrative judicial region. On the filing of a
motion, the presiding judge of the administrative judicial region
shall review the disapproval of payment and determine the
appropriate amount of payment. In reviewing the disapproval, the
presiding judge of the administrative judicial region may conduct a
hearing. If the presiding judge of the administrative judicial
region disapproves the requested amount of payment, the presiding
judge shall make written findings stating the amount of payment
that the presiding judge approves and each reason for approving an
amount different from the requested amount. Not later than the 45th
day after the date an application for payment of a fee is submitted
under this article, the commissioners court shall pay to the
appointed counsel the amount that is approved by the presiding
judge of the administrative judicial region and that is reasonable
and necessary for the service performed by the attorney or in
accordance with the fee schedule for that county.
(h) Reimbursement of expenses incurred for purposes of
investigation or expert testimony may be paid, in the manner
designated by appointed counsel and approved by the court, directly
to:
(1) a private investigator licensed under Chapter
1702, Occupations Code;
(2) a mitigation specialist; or
(3) [, or to] an expert witness [in the manner
designated by appointed counsel and approved by the court].
(h-1) If the judge disapproves the requested amount of
direct payment to a person under Subsection (h), the judge shall
make written findings stating the amount of payment that the judge
approves and each reason for approving an amount different from the
requested amount. A person whose request for payment is wholly or
partly disapproved may appeal the decision in the manner provided
for an attorney under Subsection (c).
SECTION 8. Article 26.052, Code of Criminal Procedure, is
amended by amending Subsections (d), (e), (f), and (l) and adding
Subsections (e-1) and (e-2) to read as follows:
(d)(1) The committee shall adopt standards for the
qualification of attorneys to be appointed to represent indigent
defendants in capital cases in which the death penalty is sought.
(2) The standards must require that an attorney
appointed to a death penalty case:
(A) be a member of the State Bar of Texas;
(B) exhibit, through the use of case examples
provided to the committee, proficiency and commitment to providing
quality representation to defendants in death penalty cases;
(C) have at least five years of experience in
criminal litigation;
(D) have tried to a verdict as lead defense
counsel 10 or more [a significant number of] felony cases,
including homicide trials and other trials for offenses punishable
as second or first degree felonies or capital felonies;
(E) have trial experience, demonstrated to the
committee in the form of case examples, in:
(i) the use of and challenges to mental
health or forensic expert witnesses; and
(ii) investigating and presenting
mitigating evidence at the penalty phase of a death penalty trial;
and
(F) have participated in 32 hours or more of
continuing legal education courses [or other training] relating to
criminal defense in death penalty cases at programs approved by the
Texas Task Force on Indigent Defense or a statewide professional
association of criminal defense attorneys that is authorized to
receive grants under Section 56.003(f), Government Code, and whose
members regularly represent indigent defendants in criminal
matters.
(3) The committee shall prominently post the standards
in each district clerk's office in the region with a list of
attorneys qualified for appointment.
(4) The committee shall make available on request any
application submitted by an attorney for placement on the list of
qualified attorneys. The committee may omit identifying
information or information found to be confidential before
disclosing the application to the public.
(5) Not later than the second anniversary of the date
an attorney is placed on the list of attorneys qualified for
appointment in death penalty cases and each year following the
second anniversary, the attorney must present proof to the
committee that the attorney has successfully completed the minimum
continuing legal education requirements of the State Bar of Texas,
including a course or other form of training relating to the defense
of death penalty cases. The committee shall remove the attorney's
name from the list of qualified attorneys if the attorney fails to
provide the committee with proof of completion of the continuing
legal education requirements.
(6) The committee shall monitor the performance of
each attorney who represents indigent defendants. In determining
whether an attorney shall remain on the list of qualified
attorneys, the committee shall consider:
(A) the caseload carried by the attorney;
(B) the depth of investigation conducted by the
attorney related to issues of guilt or degree of penalty;
(C) the professional judgment demonstrated by
the attorney in asserting legal claims;
(D) the knowledge and experience of the attorney
in selecting jurors; and
(E) the post-verdict performance of the
attorney, including providing assistance to succeeding counsel,
maintaining records, and cooperating with legal strategies on
appeal.
(e) The presiding judge of the district court in which a
capital felony case is filed shall appoint two attorneys who are[,
at least one of whom must be] qualified under this chapter[,] to
represent an indigent defendant as soon as practicable after
charges are filed, unless the state gives notice in writing that the
state will not seek the death penalty.
(e-1) The presiding judge shall consider the caseload of an
eligible attorney before assigning a capital felony case to the
attorney in order to ensure adequate representation.
(e-2) Not later than 10 days after the date the attorney is
appointed, the presiding judge of the district court shall report
the capital felony case name and number and the names of the
appointed attorneys to the Texas Task Force on Indigent Defense.
(f) Appointed counsel may file with the trial court a
pretrial ex parte confidential request for advance payment of
expenses, including expenses for a mitigation specialist or other
expert, to investigate potential defenses. The request for
expenses must state:
(1) the type of investigation to be conducted or
expert to be retained;
(2) specific facts that suggest the expert or
investigation will produce [result in] admissible evidence; and
(3) an itemized list of anticipated expenses for each
expert or investigation.
(l) An attorney appointed under this article to represent a
defendant at trial or on direct appeal is compensated as provided by
Article 26.05 from county funds. Advance payment of expenses
anticipated or reimbursement of expenses incurred for purposes of
investigation or expert testimony may be paid directly to a private
investigator licensed under Chapter 1702, Occupations Code, a
mitigation specialist, or [to] an expert witness in the manner
designated by appointed counsel and approved by the court.
SECTION 9. Article 39.14, Code of Criminal Procedure, is
amended by adding Subsection (c) to read as follows:
(c) On motion of the defendant and on notice to the other
parties, the court in which a prosecution for capital murder is
pending shall order the state to disclose to the attorney
representing the defendant a photocopy of each law enforcement
report, report by a medical examiner, report by any expert witness,
or transcript of a statement by a witness, whether written or
recorded on audiotape or videotape, not later than the 15th day
before the date the trial begins. On a showing of necessity for the
victim's safety, the court may keep the address and telephone
number of a victim of the offense confidential.
SECTION 10. Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.0186 to read as
follows:
Art. 102.0186. ADDITIONAL COSTS ATTENDANT TO INTOXICATION
CONVICTIONS: FAIR DEFENSE. (a) In addition to the costs imposed
by Articles 102.016, 102.018, and 102.0185, a person convicted of
an offense under Chapter 49, Penal Code, shall pay $100 on
conviction of the offense.
(b) Costs imposed under this article are imposed without
regard to whether the defendant is placed on community supervision
after being convicted of the offense or receives deferred
disposition or deferred adjudication for the offense. The court
shall assess and make a reasonable effort to collect the cost due
under this article whether or not any other court cost is assessed
or collected.
(c) Court costs under this article are collected in the same
manner as other fines or costs collected under Section 133.102(e),
Local Government Code.
(d) An officer collecting the costs shall keep separate
records of the funds collected under this article and shall deposit
the funds in the county or municipal treasury, as appropriate.
(e) The custodian of a county or municipal treasury shall:
(1) keep records of the amount of funds on deposit
collected under this article; and
(2) send to the comptroller before the last day of the
first month following each calendar quarter the funds collected
under this article during the preceding quarter.
(f) The comptroller shall deposit the funds received under
this article to the credit of the account established under Section
71.058, Government Code.
SECTION 11. Subchapter D, Chapter 71, Government Code, is
amended by adding Section 71.0605 to read as follows:
Sec. 71.0605. LIST OF CAPITAL CASES PENDING. The Task Force
on Indigent Defense shall maintain a list of pending capital murder
cases in which the state is seeking the death penalty and shall make
the list available to the public.
SECTION 12. The heading to Section 71.061, Government Code,
is amended to read as follows:
Sec. 71.061. MONITORING COUNTY COMPLIANCE [REPORTING
PLAN]; TASK FORCE REPORTS.
SECTION 13. Section 71.061, Government Code, is amended by
adding Subsections (a-1) and (b-1) to read as follows:
(a-1) The Task Force on Indigent Defense shall hire and
train a full-time staff to monitor the implementation of the
procedures adopted by a county under Article 26.04(a), Code of
Criminal Procedure. The staff shall monitor the implementation of
the procedures adopted under Article 26.04(a), Code of Criminal
Procedure, in accordance with a formal schedule of monitoring
developed by the Task Force on Indigent Defense.
(b-1) The Task Force on Indigent Defense shall annually
submit to the legislature a report on the implementation by the
counties of the procedures adopted under Article 26.04(a), Code of
Criminal Procedure.
SECTION 14. Section 71.062, Government Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (e) to
read as follows:
(a) The Task Force on Indigent Defense shall:
(1) provide technical support to:
(A) assist counties in improving their indigent
defense systems; [and]
(B) promote compliance by counties with the
requirements of state law relating to indigent defense; and
(C) assist a county commissioner or judge to
study ways in which an office of the public defender may improve the
quality, cost, efficiency, or independence of indigent defense
services funded by the county;
(2) direct the comptroller to distribute funds,
including grants, to counties to provide indigent defense services
in the county; and
(3) monitor each county that receives a grant and
enforce compliance by the county with the conditions of the grant,
including enforcement by directing the comptroller to:
(A) withdraw grant funds; or
(B) require reimbursement of grant funds by the
county.
(a-1) A county may not receive a grant from the Task Force on
Indigent Defense unless the official applying for the grant is able
to certify, on reasonable inquiry, that the procedures adopted
under Article 26.04(a), Code of Criminal Procedure, are
substantially implemented as of the date the certification is
sought.
(e) A judicial official, auditor, or clerk shall provide to
a county judge or commissioner any information sought in
conjunction with a study conducted under Subsection (a)(1)(C).
SECTION 15. Section 102.021, Government Code, is amended to
read as follows:
Sec. 102.021. COURT COSTS ON CONVICTION. A person
convicted of an offense shall pay, in addition to all other costs:
(1) court costs on conviction of a felony (Sec.
133.102, Local Government Code) . . . $133;
(2) court costs on conviction of a Class A or Class B
misdemeanor (Sec. 133.102, Local Government Code) . . . $83;
(3) court costs on conviction of a nonjailable
misdemeanor offense, including a criminal violation of a municipal
ordinance, other than a conviction of an offense relating to a
pedestrian or the parking of a motor vehicle (Sec. 133.102, Local
Government Code) . . . $40;
(4) court costs on certain convictions in statutory
county courts (Sec. 51.702, Government Code) . . . $15;
(5) court costs on certain convictions in certain
county courts (Sec. 51.703, Government Code) . . . $15;
(6) a time payment fee if convicted of a felony or
misdemeanor for paying any part of a fine, court costs, or
restitution on or after the 31st day after the date on which a
judgment is entered assessing the fine, court costs, or restitution
(Sec. 133.103, Local Government Code) . . . $25;
(7) a fee for services of prosecutor (Art. 102.008,
Code of Criminal Procedure) . . . $25;
(8) fees for services of peace officer:
(A) issuing a written notice to appear in court
for certain violations (Art. 102.011, Code of Criminal Procedure)
. . . $5;
(B) executing or processing an issued arrest
warrant or capias (Art. 102.011, Code of Criminal Procedure) . . .
$50;
(C) summoning a witness (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(D) serving a writ not otherwise listed (Art.
102.011, Code of Criminal Procedure) . . . $35;
(E) taking and approving a bond and, if
necessary, returning the bond to courthouse (Art. 102.011, Code of
Criminal Procedure) . . . $10;
(F) commitment or release (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(G) summoning a jury (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(H) attendance of a prisoner in habeas corpus
case if prisoner has been remanded to custody or held to bail (Art.
102.011, Code of Criminal Procedure) . . . $8 each day;
(I) mileage for certain services performed (Art.
102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
(J) services of a sheriff or constable who serves
process and attends examining trial in certain cases (Art. 102.011,
Code of Criminal Procedure) . . . not to exceed $5;
(9) services of a peace officer in conveying a witness
outside the county (Art. 102.011, Code of Criminal Procedure) . . .
$10 per day or part of a day, plus actual necessary travel expenses;
(10) overtime of peace officer for time spent
testifying in the trial or traveling to or from testifying in the
trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
(11) court costs on an offense relating to rules of the
road, when offense occurs within a school crossing zone (Art.
102.014, Code of Criminal Procedure) . . . $25;
(12) court costs on an offense of passing a school bus
(Art. 102.014, Code of Criminal Procedure) . . . $25;
(13) court costs on an offense of truancy or
contributing to truancy (Art. 102.014, Code of Criminal Procedure)
. . . $20;
(14) cost for visual recording of intoxication arrest
before conviction (Art. 102.018, Code of Criminal Procedure) . . .
$15;
(15) cost of certain evaluations (Art. 102.018, Code
of Criminal Procedure) . . . actual cost;
(16) additional costs attendant to certain
intoxication convictions under Chapter 49, Penal Code, for
emergency medical services, trauma facilities, and trauma care
systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
(17) cost for DNA testing for certain felonies (Art.
102.020, Code of Criminal Procedure) . . . $250;
(18) court cost on an offense of public lewdness or
indecent exposure (Art. 102.020, Code of Criminal Procedure) . . .
$50;
(19) court cost on conviction of a misdemeanor under
Subtitle C, Title 7, Transportation Code (Sec. 542.403,
Transportation Code) . . . $3;
(20) cost for impoundment of vehicle (Sec. 601.263,
Transportation Code) . . . $15 per day; [and]
(21) a civil and criminal enforcement cost on
conviction of an offense of, or related to, the nonpayment of a toll
in certain counties (Sec. 284.2031, Transportation Code) . . . $1;
(22) fee for services of a pre-trial services office
(Art. 26.042, Code of Criminal Procedure) . . . not more than $20;
and
(23) additional costs attendant to convictions under
Chapter 49, Penal Code, to help fund the Fair Defense Account (Art.
102.0186, Code of Criminal Procedure) . . . $100.
SECTION 16. Section 133.102(e), Local Government Code, is
amended to read as follows:
(e) The comptroller shall allocate the court costs received
under this section to the following accounts and funds so that each
receives to the extent practicable, utilizing historical data as
applicable, the same amount of money the account or fund would have
received if the court costs for the accounts and funds had been
collected and reported separately, except that the account or fund
may not receive less than the following percentages:
(1) abused children's counseling 0.0088 percent;
(2) crime stoppers assistance 0.2581 percent;
(3) breath alcohol testing 0.5507 percent;
(4) Bill Blackwood Law Enforcement Management
Institute1.8000 [2.1683] percent;
(5) law enforcement officers standards and
education5.0034 percent;
(6) comprehensive rehabilitation 5.3218 percent;
(7) operator's and chauffeur's license 10.0263
[11.1426] percent;
(8) criminal justice planning 10.0263 [12.5537]
percent;
(9) an account in the state treasury to be used only
for the establishment and operation of the Center for the Study and
Prevention of Juvenile Crime and Delinquency at Prairie View A&M
University1.2090 percent;
(10) compensation to victims of crime fund37.6338
percent;
(11) fugitive apprehension account12.0904 percent;
(12) judicial and court personnel training fund4.8362
percent;
(13) an account in the state treasury to be used for
the establishment and operation of the Correctional Management
Institute of Texas and Criminal Justice Center Account1.2090
percent; and
(14) fair defense account 10.0263 [6.0143] percent.
SECTION 17. Article 1.051(j), Code of Criminal Procedure,
is repealed.
SECTION 18. The fees imposed under Articles 26.042 and
102.0186, Code of Criminal Procedure, as added by this Act, apply
only on conviction for an offense committed on or after the
effective date of this Act. A conviction for an offense committed
before the effective date of this Act is governed by the law in
effect at the time the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense was committed before that date.
SECTION 19. This Act takes effect September 1, 2005.