|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the appointment of counsel to represent an indigent |
|
|
defendant in a capital case and to the reimbursement of certain |
|
|
expenses incurred by appointed counsel. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 26.052, Code of Criminal Procedure, is |
|
|
amended by amending Subsections (e), (f), and (g) and adding |
|
|
Subsections (e-1) and (e-2) to read as follows: |
|
|
(e) The presiding judge of the district court in which a |
|
|
capital felony case is filed shall appoint an attorney, who [two
|
|
|
attorneys, 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]. Unless the state |
|
|
files written notice in the case that the state will not seek the |
|
|
death penalty, the judge shall appoint a second attorney to the case |
|
|
on the earlier of: |
|
|
(1) the date the state files written notice in the case |
|
|
that the state will seek the death penalty; or |
|
|
(2) the 90th day after the date on which the defendant |
|
|
is charged with a capital offense by indictment or by complaint, |
|
|
whichever occurs first. |
|
|
(e-1) An attorney is not required to meet the standards |
|
|
described by Subsection (d)(2) to be eligible for appointment as a |
|
|
second attorney under Subsection (e). |
|
|
(e-2) A case in which the state seeks the death penalty may |
|
|
not proceed to trial on the merits before the 180th day after the |
|
|
date on which a second attorney is appointed to the case under |
|
|
Subsection (e). If, after the second attorney is appointed, the |
|
|
state files written notice in the case that the state will not seek |
|
|
the death penalty, the judge may remove the second attorney from the |
|
|
case. The second attorney remains entitled to reasonable payment |
|
|
for services rendered before removal in accordance with the local |
|
|
guidelines for payment of an attorney appointed to represent a |
|
|
defendant in a capital case. |
|
|
(f) Appointed counsel may file with the trial court a |
|
|
pretrial ex parte confidential request for advance payment of |
|
|
expenses to investigate potential defenses and mitigation |
|
|
evidence. The request for expenses must state: |
|
|
(1) the type of investigation to be conducted; |
|
|
(2) specific facts that suggest the investigation will |
|
|
result in admissible evidence; and |
|
|
(3) an itemized list of anticipated expenses for each |
|
|
investigation. |
|
|
(g) The court shall timely grant the request for advance |
|
|
payment of expenses in whole or in part if the request is |
|
|
reasonable. If the court denies in whole or in part the request for |
|
|
expenses, the court shall: |
|
|
(1) state the reasons for the denial in writing; |
|
|
(2) attach the denial to the confidential request; and |
|
|
(3) submit the request and denial as a sealed exhibit |
|
|
to the record. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to a capital felony case that is filed on or after the effective |
|
|
date of this Act. A capital felony case that is filed before the |
|
|
effective date of this Act is governed by the law in effect on the |
|
|
date the case was filed, and the former law is continued in effect |
|
|
for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2007. |