|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to the representation of indigent defendants in criminal |
|
cases. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subsections (d) and (f), Article 26.04, Code of |
|
Criminal Procedure, are amended to read as follows: |
|
(d) A public appointment list from which an attorney is |
|
appointed as required by Subsection (a) shall contain the names of |
|
qualified attorneys, each of whom: |
|
(1) applies to be included on the list; |
|
(2) meets the objective qualifications specified by |
|
the judges under Subsection (e); |
|
(3) meets any applicable qualifications specified by |
|
the Texas [Task Force on] Indigent Defense Council; and |
|
(4) is approved by a majority of the judges who |
|
established the appointment list under Subsection (e). |
|
(f) In a county in which a public defender's office is |
|
created or designated [defender is appointed] under Article 26.044, |
|
the court or the courts' designee may appoint that office [the
|
|
public defender] to represent the defendant in accordance with |
|
guidelines established for the office [public defender]. |
|
SECTION 2. Article 26.044, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 26.044. PUBLIC DEFENDER'S OFFICE [DEFENDER]. (a) In |
|
this chapter: |
|
(1) "Governmental entity" includes a county, a group |
|
of counties, a department [branch or agency] of a county, an |
|
administrative judicial region created by Section 74.042, |
|
Government Code, and any entity created under the Interlocal |
|
Cooperation Act as permitted by Chapter 791, Government Code. |
|
(2) "Oversight board" means an oversight board |
|
established in accordance with Article 26.045. |
|
(3) "Public defender's office [defender]" means an |
|
entity that: |
|
(A) is either: |
|
(i) a governmental entity; or |
|
(ii) a nonprofit corporation[:
|
|
[(A)] operating under a written agreement with a |
|
governmental entity, other than an individual judge or court; and |
|
(B) uses [using] public funds to provide[; and
|
|
[(C) providing] legal representation and |
|
services to indigent defendants accused of a crime or juvenile |
|
offense, as those terms are defined by Section 71.001, Government |
|
Code. |
|
(b) The commissioners court of any county, on written |
|
approval of a judge of a county court, statutory county court, or |
|
district court trying criminal cases or cases under Title 3, Family |
|
Code, in the county, may create a department of the county or by |
|
contract may designate a [appoint a governmental entity or] |
|
nonprofit corporation to serve as a public defender's office |
|
[defender]. The commissioners courts of two or more counties may |
|
enter into a written agreement to jointly create or designate |
|
[appoint] and fund a regional public defender's office [defender]. |
|
In creating or designating [appointing] a public defender's office |
|
[defender] under this subsection, the commissioners court shall |
|
specify or the commissioners courts shall jointly specify, if |
|
creating or designating [appointing] a regional public defender's |
|
office [defender]: |
|
(1) the duties of the public defender's office |
|
[defender]; |
|
(2) the types of cases to which the public defender's |
|
office [defender] may be appointed under Article 26.04(f) and the |
|
courts in which an attorney employed by the public defender's |
|
office [defender] may be required to appear; |
|
(3) if the public defender's office is a nonprofit |
|
corporation, the term during which the contract designating the |
|
public defender's office is effective and how that contract may be |
|
renewed on expiration of the term [whether the public defender is
|
|
appointed to serve a term or serve at the pleasure of the
|
|
commissioners court or the commissioners courts]; and |
|
(4) if an oversight board is established for the |
|
public defender's office, the powers and duties that have been |
|
delegated to the oversight board [the public defender is appointed
|
|
to serve a term, the term of appointment and the procedures for
|
|
removing the public defender]. |
|
(b-1) The applicable commissioners court or commissioners |
|
courts must require a written plan from the governmental entity |
|
serving as a public defender's office. |
|
(c) Before contracting with a nonprofit corporation to |
|
serve as [appointing] a public defender's office [defender] under |
|
Subsection (b), the commissioners court or commissioners courts |
|
shall solicit proposals for the public defender's office |
|
[defender]. |
|
(c-1) A written plan under Subsection (b-1) or a proposal |
|
under Subsection (c) must include: |
|
(1) a budget for the public defender's office |
|
[defender], including salaries; |
|
(2) a description of each personnel position, |
|
including the chief public defender position; |
|
(3) the maximum allowable caseloads for each attorney |
|
employed by the public defender's office [proponent]; |
|
(4) provisions for personnel training; |
|
(5) a description of anticipated overhead costs for |
|
the public defender's office [defender]; [and] |
|
(6) policies regarding the use of licensed |
|
investigators and expert witnesses by the public defender's office; |
|
and |
|
(7) a policy to ensure that the chief public defender |
|
and other attorneys employed by the public defender's office do not |
|
provide representation to a defendant when doing so would create a |
|
conflict of interest that has not been waived by the client |
|
[proponent]. |
|
(d) After considering each proposal for the public |
|
defender's office [defender] submitted by a [governmental entity
|
|
or] nonprofit corporation under Subsection (c), the commissioners |
|
court or commissioners courts shall select a proposal that |
|
reasonably demonstrates that the public defender's office |
|
[proponent] will provide adequate quality representation for |
|
indigent defendants in the county or counties. |
|
(e) The total cost of the proposal under Subsection (c) may |
|
not be the sole consideration in selecting a proposal. |
|
(f) A [To be eligible for appointment as a] public |
|
defender's office [defender, the governmental entity or nonprofit
|
|
corporation] must be directed by a chief public defender who: |
|
(1) is a member of the State Bar of Texas; |
|
(2) has practiced law for at least three years; and |
|
(3) has substantial experience in the practice of |
|
criminal law. |
|
(g) A public defender's office [defender] is entitled to |
|
receive funds for personnel costs and expenses incurred in |
|
operating as a public defender's office [defender] in amounts fixed |
|
by the commissioners court and paid out of the appropriate county |
|
fund, or jointly fixed by the commissioners courts and |
|
proportionately paid out of each appropriate county fund if the |
|
public defender's office [defender] serves more than one county. |
|
(h) A public defender's office [defender] may employ |
|
attorneys, licensed investigators, and other personnel necessary |
|
to perform the duties of the public defender's office [defender] as |
|
specified by the commissioners court or commissioners courts under |
|
Subsection (b)(1). |
|
(i) Except as authorized by this article, the chief public |
|
defender and other attorneys [or an attorney] employed by a public |
|
defender's office [defender] may not: |
|
(1) engage in the private practice of criminal law; or |
|
(2) accept anything of value not authorized by this |
|
article for services rendered under this article. |
|
(j) A public defender's office [defender] may not accept |
|
[refuse] an appointment under Article 26.04(f) if: |
|
(1) a conflict of interest exists that has not been |
|
waived by the client; |
|
(2) the public defender's office [defender] has |
|
insufficient resources to provide adequate representation for the |
|
defendant; |
|
(3) the public defender's office [defender] is |
|
incapable of providing representation for the defendant in |
|
accordance with the rules of professional conduct; or |
|
(4) the public defender's office [defender] shows |
|
other good cause for not accepting [refusing] the appointment. |
|
(k) The judge may remove from a case a person [public
|
|
defender] who violates a provision of Subsection (i). |
|
(l) A public defender's office [defender] may investigate |
|
the financial condition of any person the public defender's office |
|
[defender] is appointed to represent. The public defender's office |
|
[defender] shall report the results of the investigation to the |
|
appointing judge. The judge may hold a hearing to determine if the |
|
person is indigent and entitled to representation under this |
|
article. |
|
(m) If it is necessary that an attorney who is not employed |
|
by [other than] a public defender's office [defender] be appointed, |
|
the attorney is entitled to the compensation provided by Article |
|
26.05 of this code. |
|
SECTION 3. Chapter 26, Code of Criminal Procedure, is |
|
amended by adding Article 26.045 to read as follows: |
|
Art. 26.045. PUBLIC DEFENDER OVERSIGHT BOARD. The |
|
commissioners court of a county or the commissioners courts of two |
|
or more counties may establish an oversight board to advise and set |
|
policy for a public defender's office created or designated in |
|
accordance with this chapter. The commissioners court or courts |
|
may delegate to the board any power or duty of the commissioners |
|
court to provide oversight of the office under Article 26.044. |
|
SECTION 4. Subsections (a) and (d), Article 26.05, Code of |
|
Criminal Procedure, are amended to read as follows: |
|
(a) A counsel, other than an attorney with a public |
|
defender's office [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. |
|
(d) A counsel in a noncapital case, other than an attorney |
|
with a public defender's office [defender], appointed to represent |
|
a defendant under this code shall be reimbursed for reasonable and |
|
necessary expenses, including expenses for investigation and for |
|
mental health and other experts. Expenses incurred with prior |
|
court approval shall be reimbursed in the same manner provided for |
|
capital cases by Articles 26.052(f) and (g), and expenses incurred |
|
without prior court approval shall be reimbursed in the manner |
|
provided for capital cases by Article 26.052(h). |
|
SECTION 5. Subsection (a), Section 11, Article 42.12, Code |
|
of Criminal Procedure, is amended to read as follows: |
|
(a) The judge of the court having jurisdiction of the case |
|
shall determine the conditions of community supervision and may, at |
|
any time, during the period of community supervision alter or |
|
modify the conditions. The judge may impose any reasonable |
|
condition that is designed to protect or restore the community, |
|
protect or restore the victim, or punish, rehabilitate, or reform |
|
the defendant. Conditions of community supervision may include, |
|
but shall not be limited to, the conditions that the defendant |
|
shall: |
|
(1) Commit no offense against the laws of this State or |
|
of any other State or of the United States; |
|
(2) Avoid injurious or vicious habits; |
|
(3) Avoid persons or places of disreputable or harmful |
|
character; |
|
(4) Report to the supervision officer as directed by |
|
the judge or supervision officer and obey all rules and regulations |
|
of the community supervision and corrections department; |
|
(5) Permit the supervision officer to visit the |
|
defendant at the defendant's home or elsewhere; |
|
(6) Work faithfully at suitable employment as far as |
|
possible; |
|
(7) Remain within a specified place; |
|
(8) Pay the defendant's fine, if one be assessed, and |
|
all court costs whether a fine be assessed or not, in one or several |
|
sums; |
|
(9) Support the defendant's dependents; |
|
(10) Participate, for a time specified by the judge in |
|
any community-based program, including a community-service work |
|
program under Section 16 of this article; |
|
(11) Reimburse the county in which the prosecution was |
|
instituted for compensation paid to appointed counsel for defending |
|
the defendant in the case, if counsel was appointed, or if the |
|
defendant was represented by a [county-paid] public defender's |
|
office [defender], in an amount that would have been paid to an |
|
appointed attorney had the county not had a public defender's |
|
office [defender]; |
|
(12) Remain under custodial supervision in a community |
|
corrections facility, obey all rules and regulations of such |
|
facility, and pay a percentage of the defendant's income to the |
|
facility for room and board; |
|
(13) Pay a percentage of the defendant's income to the |
|
defendant's dependents for their support while under custodial |
|
supervision in a community corrections facility; |
|
(14) Submit to testing for alcohol or controlled |
|
substances; |
|
(15) Attend counseling sessions for substance abusers |
|
or participate in substance abuse treatment services in a program |
|
or facility approved or licensed by the Texas Commission on Alcohol |
|
and Drug Abuse; |
|
(16) With the consent of the victim of a misdemeanor |
|
offense or of any offense under Title 7, Penal Code, participate in |
|
victim-defendant mediation; |
|
(17) Submit to electronic monitoring; |
|
(18) Reimburse the compensation to victims of crime |
|
fund for any amounts paid from that fund to or on behalf of a victim, |
|
as defined by Article 56.32, of the defendant's offense, or if no |
|
reimbursement is required, make one payment to the compensation to |
|
victims of crime fund in an amount not to exceed $50 if the offense |
|
is a misdemeanor or not to exceed $100 if the offense is a felony; |
|
(19) Reimburse a law enforcement agency for the |
|
analysis, storage, or disposal of raw materials, controlled |
|
substances, chemical precursors, drug paraphernalia, or other |
|
materials seized in connection with the offense; |
|
(20) Pay all or part of the reasonable and necessary |
|
costs incurred by the victim for psychological counseling made |
|
necessary by the offense or for counseling and education relating |
|
to acquired immune deficiency syndrome or human immunodeficiency |
|
virus made necessary by the offense; |
|
(21) Make one payment in an amount not to exceed $50 to |
|
a crime stoppers organization as defined by Section 414.001, |
|
Government Code, and as certified by the Crime Stoppers Advisory |
|
Council; |
|
(22) Submit a DNA sample to the Department of Public |
|
Safety under Subchapter G, Chapter 411, Government Code, for the |
|
purpose of creating a DNA record of the defendant; |
|
(23) In any manner required by the judge, provide |
|
public notice of the offense for which the defendant was placed on |
|
community supervision in the county in which the offense was |
|
committed; and |
|
(24) Reimburse the county in which the prosecution was |
|
instituted for compensation paid to any interpreter in the case. |
|
SECTION 6. Section 71.001, Government Code, is amended by |
|
adding Subdivision (6-a) and amending Subdivision (9) to read as |
|
follows: |
|
(6-a) "Defense council" means the Texas Indigent |
|
Defense Council established under Subchapter D. |
|
(9) "Public defender's office [defender]" has the |
|
meaning assigned by Article 26.044(a), Code of Criminal Procedure. |
|
SECTION 7. Subsections (a), (e), and (f), Section 71.0351, |
|
Government Code, are amended to read as follows: |
|
(a) In each county, not later than November 1 of each |
|
odd-numbered year and in the form and manner prescribed by the Texas |
|
[Task Force on] Indigent Defense Council, the following information |
|
shall be prepared and provided to the Office of Court |
|
Administration of the Texas Judicial System: |
|
(1) a copy of all formal and informal rules and forms |
|
that describe the procedures used in the county to provide indigent |
|
defendants with counsel in accordance with the Code of Criminal |
|
Procedure, including the schedule of fees required under Article |
|
26.05 of that code; |
|
(2) any revisions to rules or forms previously |
|
submitted to the office of court administration under this section; |
|
or |
|
(3) verification that rules and forms previously |
|
submitted to the office of court administration under this section |
|
still remain in effect. |
|
(e) In each county, the county auditor, or the person |
|
designated by the commissioners court if the county does not have a |
|
county auditor, shall prepare and send to the Office of Court |
|
Administration of the Texas Judicial System in the form and manner |
|
prescribed by the Texas [Task Force on] Indigent Defense Council |
|
and on a monthly, quarterly, or annual basis, with respect to legal |
|
services provided in the county to indigent defendants during each |
|
fiscal year, information showing the total amount expended by the |
|
county to provide indigent defense services and an analysis of the |
|
amount expended by the county: |
|
(1) in each district, county, statutory county, and |
|
appellate court; |
|
(2) in cases for which a private attorney is appointed |
|
for an indigent defendant; |
|
(3) in cases for which a public defender's office |
|
[defender] is appointed for an indigent defendant; |
|
(4) in cases for which counsel is appointed for an |
|
indigent juvenile under Section 51.10(f), Family Code; and |
|
(5) for investigation expenses, expert witness |
|
expenses, or other litigation expenses. |
|
(f) As a duty of office, each district and county clerk |
|
shall cooperate with the county auditor or the person designated by |
|
the commissioners court and the commissioners court in retrieving |
|
information required to be sent to the Office of Court |
|
Administration of the Texas Judicial System under this section and |
|
under a reporting plan developed by the Texas [Task Force on] |
|
Indigent Defense Council under Section 71.061(a). |
|
SECTION 8. Subchapter D, Chapter 71, Government Code, is |
|
amended to read as follows: |
|
SUBCHAPTER D. TEXAS [TASK FORCE ON] INDIGENT DEFENSE COUNCIL |
|
Sec. 71.051. ESTABLISHMENT OF DEFENSE COUNCIL [TASK FORCE]; |
|
COMPOSITION. The Texas [Task Force on] Indigent Defense Council is |
|
established as a standing committee of the council and is composed |
|
of eight ex officio members and five appointive members. |
|
Sec. 71.052. EX OFFICIO MEMBERS. The ex officio members |
|
are: |
|
(1) the following six members of the council: |
|
(A) the chief justice of the supreme court; |
|
(B) the presiding judge of the court of criminal |
|
appeals; |
|
(C) one of the members of the senate serving on |
|
the council who is designated by the lieutenant governor to serve on |
|
the Texas [Task Force on] Indigent Defense Council; |
|
(D) the member of the house of representatives |
|
appointed by the speaker of the house; |
|
(E) one of the courts of appeals justices serving |
|
on the council who is designated by the governor to serve on the |
|
Texas [Task Force on] Indigent Defense Council; and |
|
(F) one of the county court or statutory county |
|
court judges serving on the council who is designated by the |
|
governor to serve on the Texas [Task Force on] Indigent Defense |
|
Council or, if a county court or statutory county court judge is not |
|
serving on the council, one of the statutory probate court judges |
|
serving on the council who is designated by the governor to serve on |
|
the defense council [task force]; |
|
(2) one other member of the senate appointed by the |
|
lieutenant governor; and |
|
(3) the chair of the House Criminal Jurisprudence |
|
Committee. |
|
Sec. 71.053. APPOINTMENTS. (a) The governor shall appoint |
|
with the advice and consent of the senate five members of the Texas |
|
[Task Force on] Indigent Defense Council as follows: |
|
(1) one member who is a district judge serving as a |
|
presiding judge of an administrative judicial region; |
|
(2) one member who is a judge of a constitutional |
|
county court or who is a county commissioner; |
|
(3) one member who is a practicing criminal defense |
|
attorney; |
|
(4) one member who is a chief public defender or who is |
|
an attorney employed by a public defender's office [defender]; and |
|
(5) one member who is a judge of a constitutional |
|
county court or who is a county commissioner of a county with a |
|
population of 250,000 or more. |
|
(b) The members serve staggered terms of two years, with two |
|
members' terms expiring February 1 of each odd-numbered year and |
|
three members' terms expiring February 1 of each even-numbered |
|
year. |
|
(c) In making appointments to the Texas [Task Force on] |
|
Indigent Defense Council, the governor shall attempt to reflect the |
|
geographic and demographic diversity of the state. |
|
(d) A person may not be appointed to the Texas [Task Force
|
|
on] Indigent Defense Council if the person is required to register |
|
as a lobbyist under Chapter 305 because of the person's activities |
|
for compensation on behalf of a profession related to the operation |
|
of the defense council [task force] or the council. |
|
Sec. 71.054. VACANCIES. A vacancy on the Texas [Task Force
|
|
on] Indigent Defense Council must be filled for the unexpired term |
|
in the same manner as the original appointment. An appointment to |
|
fill a vacancy shall be made not later than the 90th day after the |
|
date the vacancy occurs. |
|
Sec. 71.055. MEETINGS; QUORUM; VOTING. (a) The Texas |
|
[Task Force on] Indigent Defense Council shall meet at least four |
|
times each year and at such other times as it deems necessary or |
|
convenient to perform its duties. |
|
(b) Six members of the Texas [Task Force on] Indigent |
|
Defense Council constitute a quorum for purposes of transacting |
|
defense council [task force] business. The defense council [task
|
|
force] may act only on the concurrence of five defense council [task
|
|
force] members or a majority of the defense council [task force] |
|
members present, whichever number is greater. The defense council |
|
[task force] may develop policies and standards under Section |
|
71.060 only on the concurrence of seven defense council [task
|
|
force] members. |
|
(c) A Texas [Task Force on] Indigent Defense Council member |
|
is entitled to vote on any matter before the defense council [task
|
|
force], except as otherwise provided by rules adopted by the |
|
defense council [task force] and ratified by the council. |
|
Sec. 71.056. COMPENSATION. A Texas [Task Force on] |
|
Indigent Defense Council member may not receive compensation for |
|
services on the defense council [task force] but is entitled to be |
|
reimbursed for actual and necessary expenses incurred in |
|
discharging the member's duties as a defense council [task force] |
|
member. The expenses are paid from funds appropriated to the |
|
defense council [task force]. |
|
Sec. 71.057. BUDGET. (a) The Texas [Task Force on] |
|
Indigent Defense Council budget shall be a part of the budget for |
|
the council. In preparing a budget and presenting the budget to the |
|
legislature, the defense council [task force] shall consult with |
|
the executive director of the Office of Court Administration of the |
|
Texas Judicial System. |
|
(b) The Texas [Task Force on] Indigent Defense Council |
|
budget may include funds for personnel who are employees of the |
|
council but who are assigned to assist the defense council [task
|
|
force] in performing its duties. |
|
(c) The executive director of the Office of Court |
|
Administration of the Texas Judicial System may not reduce or |
|
modify the Texas [Task Force on] Indigent Defense Council budget or |
|
use funds appropriated to the defense council [task force] without |
|
the approval of the defense council [task force]. |
|
Sec. 71.058. FAIR DEFENSE ACCOUNT. The fair defense |
|
account is an account in the general revenue fund that may be |
|
appropriated only to the Texas [Task Force on] Indigent Defense |
|
Council for the purpose of implementing this subchapter. |
|
Sec. 71.059. ACCEPTANCE OF GIFTS, GRANTS, AND OTHER FUNDS; |
|
STATE GRANTS TEAM. (a) The Texas [Task Force on] Indigent Defense |
|
Council may accept gifts, grants, and other funds from any public or |
|
private source to pay expenses incurred in performing its duties |
|
under this subchapter. |
|
(b) The State Grants Team of the Governor's Office of |
|
Budget, Planning, and Policy may assist the Texas [Task Force on] |
|
Indigent Defense Council in identifying grants and other resources |
|
available for use by the defense council [task force] in performing |
|
its duties under this subchapter. |
|
Sec. 71.060. POLICIES AND STANDARDS. (a) The Texas [Task
|
|
Force on] Indigent Defense Council shall develop policies and |
|
standards for providing legal representation and other defense |
|
services to indigent defendants at trial, on appeal, and in |
|
postconviction proceedings. The policies and standards may |
|
include: |
|
(1) performance standards for counsel appointed to |
|
represent indigent defendants; |
|
(2) qualification standards under which attorneys may |
|
qualify for appointment to represent indigent defendants, |
|
including: |
|
(A) qualifications commensurate with the |
|
seriousness of the nature of the proceeding; |
|
(B) qualifications appropriate for |
|
representation of mentally ill defendants and noncitizen |
|
defendants; |
|
(C) successful completion of relevant continuing |
|
legal education programs approved by the council; and |
|
(D) testing and certification standards; |
|
(3) standards for ensuring appropriate appointed |
|
caseloads for counsel appointed to represent indigent defendants; |
|
(4) standards for determining whether a person accused |
|
of a crime or juvenile offense is indigent; |
|
(5) policies and standards governing the organization |
|
and operation of an assigned counsel program; |
|
(6) policies and standards governing the organization |
|
and operation of a public defender's office [defender] consistent |
|
with recognized national policies and standards; |
|
(7) standards for providing indigent defense services |
|
under a contract defender program consistent with recognized |
|
national policies and standards; |
|
(8) standards governing the reasonable compensation |
|
of counsel appointed to represent indigent defendants; |
|
(9) standards governing the availability and |
|
reasonable compensation of providers of indigent defense support |
|
services for counsel appointed to represent indigent defendants; |
|
(10) standards governing the operation of a legal |
|
clinic or program that provides legal services to indigent |
|
defendants and is sponsored by a law school approved by the supreme |
|
court; |
|
(11) policies and standards governing the appointment |
|
of attorneys to represent children in proceedings under Title 3, |
|
Family Code; and |
|
(12) other policies and standards for providing |
|
indigent defense services as determined by the defense council |
|
[task force] to be appropriate. |
|
(b) The Texas [Task Force on] Indigent Defense Council shall |
|
submit policies and standards developed under Subsection (a) to the |
|
council for ratification. |
|
(c) Any qualification standards adopted by the Texas [Task
|
|
Force on] Indigent Defense Council under Subsection (a) that relate |
|
to the appointment of counsel in a death penalty case must be |
|
consistent with the standards specified under Article 26.052(d), |
|
Code of Criminal Procedure. An attorney who is identified by the |
|
defense council [task force] as not satisfying performance or |
|
qualification standards adopted by the defense council [task force] |
|
under Subsection (a) may not accept an appointment in a capital |
|
case. |
|
Sec. 71.061. COUNTY REPORTING PLAN; DEFENSE COUNCIL [TASK
|
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FORCE] REPORTS. (a) The Texas [Task Force on] Indigent Defense |
|
Council shall develop a plan that establishes statewide |
|
requirements for counties relating to reporting indigent defense |
|
information. The plan must include provisions designed to reduce |
|
redundant reporting by counties and provisions that take into |
|
consideration the costs to counties of implementing the plan |
|
statewide. The defense council [task force] shall use the |
|
information reported by a county to monitor the effectiveness of |
|
the county's indigent defense policies, standards, and procedures |
|
and to ensure compliance by the county with the requirements of |
|
state law relating to indigent defense. The defense council [task
|
|
force] may revise the plan as necessary to improve monitoring of |
|
indigent defense policies, standards, and procedures in this state. |
|
(b) The Texas [Task Force on] Indigent Defense Council shall |
|
annually submit to the governor, lieutenant governor, speaker of |
|
the house of representatives, and council and shall publish in |
|
written and electronic form a report: |
|
(1) containing the information submitted under |
|
Section 71.0351; and |
|
(2) regarding: |
|
(A) the quality of legal representation provided |
|
by counsel appointed to represent indigent defendants; |
|
(B) current indigent defense practices in the |
|
state as compared to state and national standards; |
|
(C) efforts made by the defense council [task
|
|
force] to improve indigent defense practices in the state; and |
|
(D) recommendations made by the defense council |
|
[task force] for improving indigent defense practices in the state. |
|
(c) The Texas [Task Force on] Indigent Defense Council shall |
|
annually submit to the Legislative Budget Board and council and |
|
shall publish in written and electronic form a detailed report of |
|
all expenditures made under this subchapter, including |
|
distributions under Section 71.062. |
|
(d) The Texas [Task Force on] Indigent Defense Council may |
|
issue other reports relating to indigent defense as determined to |
|
be appropriate by the defense council [task force]. |
|
Sec. 71.062. TECHNICAL SUPPORT; GRANTS. (a) The Texas |
|
[Task Force on] Indigent Defense Council 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; |
|
(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. |
|
(b) The Texas [Task Force on] Indigent Defense Council shall |
|
direct the comptroller to distribute funds as required by |
|
Subsection (a)(2) based on a county's compliance with standards |
|
developed by the defense council [task force] and the county's |
|
demonstrated commitment to compliance with the requirements of |
|
state law relating to indigent defense. |
|
(c) The Texas [Task Force on] Indigent Defense Council shall |
|
develop policies to ensure that funds under Subsection (a)(2) are |
|
allocated and distributed to counties in a fair manner. |
|
(d) A county may not reduce the amount of funds provided for |
|
indigent defense services in the county because of funds provided |
|
by the Texas [Task Force on] Indigent Defense Council under this |
|
section. |
|
Sec. 71.063. IMMUNITY FROM LIABILITY. The Texas [Task
|
|
Force on] Indigent Defense Council or a member of the defense |
|
council [task force] performing duties on behalf of the defense |
|
council [task force] is not liable for damages arising from an act |
|
or omission within the scope of the duties of the defense council |
|
[task force]. |
|
SECTION 9. This Act takes effect September 1, 2009. |
|
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* * * * * |