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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 to represent an indigent |
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defendant in a capital case and to the reimbursement of certain |
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expenses incurred by appointed counsel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 26.052, Code of Criminal Procedure, is |
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amended by amending Subsections (e), (f), and (g) and adding |
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Subsections (e-1) and (e-2) to read as follows: |
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(e) The presiding judge of the district court in which a |
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capital felony case is filed shall appoint an attorney, who [two
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attorneys, at least one of whom] must be qualified under this |
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chapter, to represent an indigent defendant as soon as practicable |
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after charges are filed[, unless the state gives notice in writing
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that the state will not seek the death penalty]. Unless the state |
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files written notice in the case that the state will not seek the |
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death penalty, the judge shall appoint a second attorney to the case |
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on the earlier of: |
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(1) the date the state files written notice in the case |
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that the state will seek the death penalty; or |
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(2) the 90th day after the date on which the defendant |
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is charged with a capital offense by indictment or by complaint, |
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whichever occurs first. |
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(e-1) An attorney is not required to meet the standards |
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described by Subsection (d)(2) to be eligible for appointment as a |
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second attorney under Subsection (e). |
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(e-2) A case in which the state seeks the death penalty may |
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not proceed to trial on the merits before the 180th day after the |
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date on which a second attorney is appointed to the case under |
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Subsection (e). If, after the second attorney is appointed, the |
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state files written notice in the case that the state will not seek |
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the death penalty, the judge may remove the second attorney from the |
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case. The second attorney remains entitled to reasonable payment |
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for services rendered before removal in accordance with the local |
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guidelines for payment of an attorney appointed to represent a |
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defendant in a capital case. |
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(f) Appointed counsel may file with the trial court a |
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pretrial ex parte confidential request for advance payment of |
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expenses to investigate potential defenses and mitigation |
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evidence. The request for expenses must state: |
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(1) the type of investigation to be conducted; |
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(2) specific facts that suggest the investigation will |
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result in admissible evidence; and |
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(3) an itemized list of anticipated expenses for each |
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investigation. |
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(g) The court shall timely grant the request for advance |
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payment of expenses in whole or in part if the request is |
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reasonable. If the court denies in whole or in part the request for |
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expenses, the court shall: |
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(1) state the reasons for the denial in writing; |
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(2) attach the denial to the confidential request; and |
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(3) submit the request and denial as a sealed exhibit |
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to the record. |
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SECTION 2. The change in law made by this Act applies only |
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to a capital felony case that is filed on or after the effective |
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date of this Act. A capital felony case that is filed before the |
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effective date of this Act is governed by the law in effect on the |
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date the case was filed, and the former law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |