Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
SB1308 by Seliger (Relating to the standards for attorneys representing indigent defendants in capital cases.), As Engrossed
No significant fiscal implication to the State is anticipated.
The bill would amend the Code of Criminal Procedure to give the local selection committee the authority, at the request of an attorney, to make a determination regarding an attorney’s current ability to provide effective representation following a judicial finding of ineffectiveness. The bill would eliminate automatic disqualification of attorneys who have been previously found ineffective to be appointed as lead counsel in capital cases where the death penalty is sought. To the extent the bill would amend procedures relating to attorney qualifications, no significant fiscal implication to the state is anticipated. The bill would take effect September 1, 2011.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council