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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of counsel for the purposes of |
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community supervision revocation or appellate proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 26.04(a), (c), (i), and (o), Code of |
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Criminal Procedure, are amended to read as follows: |
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(a) The judges of the county courts, statutory county |
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courts, and district courts trying criminal cases in each county, |
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by local rule, shall adopt and publish written countywide |
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procedures for timely and fairly appointing counsel for an indigent |
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defendant in the county arrested for, [or] charged with, or taking |
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an appeal from a conviction of a misdemeanor punishable by |
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confinement or a felony. The procedures must be consistent with |
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this article and Articles 1.051, 15.17, 26.05, and 26.052. A court |
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shall appoint an attorney from a public appointment list using a |
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system of rotation, unless the court appoints an attorney under |
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Subsection (f), (h), or (i). The court shall appoint attorneys from |
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among the next five names on the appointment list in the order in |
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which the attorneys' names appear on the list, unless the court |
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makes a finding of good cause on the record for appointing an |
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attorney out of order. An attorney who is not appointed in the |
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order in which the attorney's name appears on the list shall remain |
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next in order on the list. |
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(c) Whenever a court or the courts' designee authorized |
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under Subsection (b) to appoint counsel for indigent defendants in |
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the county determines for purposes of a criminal proceeding that a |
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defendant charged with or appealing a conviction of a felony or a |
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misdemeanor punishable by confinement is indigent or that the |
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interests of justice require representation of a defendant in the |
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[a criminal] proceeding, the court or the courts' designee shall |
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appoint one or more practicing attorneys to represent [defend] the |
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defendant in accordance with this subsection and the procedures |
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adopted under Subsection (a). If the court or the courts' designee |
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determines that the defendant does not speak and understand the |
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English language or that the defendant is deaf, the court or the |
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courts' designee shall make an effort to appoint an attorney who is |
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capable of communicating in a language understood by the defendant. |
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(i) A court or the courts' designee required under |
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Subsection (c) to appoint an attorney to represent a defendant |
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accused or convicted of a felony may appoint an attorney from any |
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county located in the court's administrative judicial region. |
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(o) Before making a determination of whether a defendant is |
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indigent, the court shall request the defendant to sign under oath a |
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statement substantially in the following form: |
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"On this ________ day of ____________, 20 ___, I have been advised |
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by the (name of the court) Court of my right to representation by |
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counsel in connection with [the trial of] the charge pending |
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against me. I am without means to employ counsel of my own choosing |
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and I hereby request the court to appoint counsel for me. |
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(signature of the defendant)" |
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SECTION 2. Section 21(d), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(d) A defendant has a right to counsel at a hearing under |
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this section. The court shall appoint counsel for an indigent |
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defendant in accordance with Article 26.04. |
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SECTION 3. The change in law made by this Act applies only |
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to a criminal proceeding that commences on or after the effective |
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date of this Act. A criminal proceeding that commences before the |
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effective date of this Act is governed by the law in effect when the |
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proceeding commenced, and the former law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |