TO: | Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence |
FROM: | John S. O'Brien, Director, Legislative Budget Board |
IN RE: | SB625 by Wentworth (Relating to the representation of indigent defendants in criminal cases. ), Committee Report 2nd House, Substituted |
The bill would make several nonsubstantive changes to the Code of Criminal Procedure as it relates to legal representation provided to indigent defendants in criminal cases and would change the name of the Task Force on Indigent Defense to the Texas Indigent Defense Council. The bill would authorize a county commissioner’s court to create a county department or by contract to designate a nonprofit corporation to serve as a public defender's office. Two or more counties could also jointly create or designate and fund a regional public defender's office.
Under current statute, county commissioners’ courts may appoint a governmental entity or nonprofit corporation to serve as a public defender. The bill would delete a statutory reference in 26.05(i), Code of Criminal Procedure, to the indigent defense representation fund. The bill would also provide for a recusal process for the public defender member of the indigent defense council. The bill would take immediate effect if the bill receives two-thirds the vote of all members. Otherwise, the bill would take effect September 1, 2009.
Source Agencies: | 212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts
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LBB Staff: | JOB, ESi, TB, TP, DB
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