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A BILL TO BE ENTITLED
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AN ACT
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relating to the operations of the Task Force on Indigent Defense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 71.001(1), Government Code, is amended |
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to read as follows: |
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(1) "Assigned [Ad hoc assigned] counsel program" means |
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a system under which private attorneys, acting as independent |
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contractors and compensated with public funds, are individually |
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appointed to provide legal representation and services to a |
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particular indigent defendant accused of a crime or juvenile |
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offense. |
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SECTION 2. Section 71.055(a), Government Code, is amended |
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to read as follows: |
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(a) The Task Force on Indigent Defense shall meet at least |
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four times each year [quarterly] and at such other times as it deems |
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necessary or convenient to perform its duties. |
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SECTION 3. Section 71.060(a), Government Code, is amended |
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to read as follows: |
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(a) The Task Force on Indigent Defense shall develop |
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policies and standards for providing legal representation and other |
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defense services to indigent defendants at trial, on appeal, and in |
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postconviction proceedings. The policies and standards may |
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include: |
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(1) performance standards for counsel appointed to |
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represent indigent defendants; |
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(2) qualification standards under which attorneys may |
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qualify for appointment to represent indigent defendants, |
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including: |
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(A) qualifications commensurate with the |
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seriousness of the nature of the proceeding; |
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(B) qualifications appropriate for |
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representation of mentally ill defendants and noncitizen |
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defendants; |
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(C) successful completion of relevant continuing |
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legal education programs approved by the council; and |
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(D) testing and certification standards; |
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(3) standards for ensuring appropriate appointed |
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caseloads for counsel appointed to represent indigent defendants; |
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(4) standards for determining whether a person accused |
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of a crime or juvenile offense is indigent; |
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(5) policies and standards governing the organization |
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and operation of an [ad hoc] assigned counsel program; |
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(6) policies and standards governing the organization |
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and operation of a public defender consistent with recognized |
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national policies and standards; |
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(7) standards for providing indigent defense services |
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under a contract defender program consistent with recognized |
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national policies and standards; |
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(8) standards governing the reasonable compensation |
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of counsel appointed to represent indigent defendants; |
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(9) standards governing the availability and |
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reasonable compensation of providers of indigent defense support |
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services for counsel appointed to represent indigent defendants; |
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(10) standards governing the operation of a legal |
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clinic or program that provides legal services to indigent |
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defendants and is sponsored by a law school approved by the supreme |
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court; |
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(11) policies and standards governing the appointment |
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of attorneys to represent children in proceedings under Title 3, |
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Family Code; and |
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(12) other policies and standards for providing |
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indigent defense services as determined by the task force to be |
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appropriate. |
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SECTION 4. This Act takes effect September 1, 2007. |