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A BILL TO BE ENTITLED
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AN ACT
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relating to the representation of indigent defendants in criminal |
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cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (j), Article 26.04, Code of Criminal |
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Procedure, is amended to read as follows: |
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(j) An attorney appointed under this article shall: |
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(1) make every reasonable effort to contact the |
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defendant not later than the end of the first working day after the |
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date on which the attorney is appointed and to interview the |
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defendant as soon as practicable after the attorney is appointed; |
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(2) represent the defendant until charges are |
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dismissed, the defendant is acquitted, appeals are exhausted, or |
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the attorney is permitted or ordered by the court to withdraw as |
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counsel for the defendant after a finding of good cause is entered |
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on the record; [and] |
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(3) with respect to a defendant not represented by |
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other counsel, before withdrawing as counsel for the defendant |
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after a trial or the entry of a plea of guilty: |
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(A) advise the defendant of the defendant's right |
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to file a motion for new trial and a notice of appeal; |
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(B) if the defendant wishes to pursue either or |
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both remedies described by Paragraph (A), assist the defendant in |
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requesting the prompt appointment of replacement counsel; and |
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(C) if replacement counsel is not appointed |
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promptly and the defendant wishes to pursue an appeal, file a timely |
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notice of appeal; and |
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(4) not later than October 15 of each year and in the |
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form and manner prescribed by the Texas Indigent Defense |
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Commission, submit to the county information that describes the |
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attorney's caseload for the preceding fiscal year, including cases |
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taken on a retainer. |
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SECTION 2. Effective September 1, 2013, Subsection (a), |
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Section 79.036, Government Code, is amended to read as follows: |
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(a) Not [In each county, not] later than November 1 of each |
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odd-numbered year and in the form and manner prescribed by the |
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commission, each county [the following information] shall prepare |
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[be prepared] and provide [provided] to the commission: |
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(1) a copy of all formal and informal rules and forms |
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that describe the procedures used in the county to provide indigent |
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defendants with counsel in accordance with the Code of Criminal |
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Procedure, including the schedule of fees required under Article |
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26.05 of that code; |
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(2) any plan or proposal submitted to the |
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commissioners court under Article 26.044, Code of Criminal |
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Procedure; |
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(3) any plan of operation submitted to the |
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commissioners court under Article 26.047, Code of Criminal |
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Procedure; |
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(4) any contract for indigent defense services |
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required under rules adopted by the commission relating to a |
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contract defender program; |
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(5) [(2)] any revisions to rules, [or] forms, plans, |
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proposals, or contracts previously submitted under this section; or |
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(6) [(3)] verification that rules, [and] forms, |
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plans, proposals, or contracts previously submitted under this |
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section still remain in effect. |
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SECTION 3. Section 79.036, Government Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) Not later than November 1 of each year and in the form |
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and manner prescribed by the commission, each county shall prepare |
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and provide to the commission information that describes for the |
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preceding fiscal year the caseloads of attorneys receiving |
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appointments under Article 26.04, Code of Criminal Procedure. |
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SECTION 4. (a) This section takes effect September 1, |
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2013. |
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(b) Not later than September 1, 2014, the Texas Indigent |
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Defense Commission shall conduct and publish a study for the |
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purpose of determining guidelines for establishing a maximum |
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allowable caseload for a criminal defense attorney that, when the |
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attorney's total caseload, including appointments made under |
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Article 26.04, Code of Criminal Procedure, appointments made under |
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Title 3, Family Code, and other work, is considered, allows the |
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attorney to give each indigent defendant the time and effort |
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necessary to ensure effective representation. The study must be |
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based on relevant policies, performance guidelines, and best |
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practices. |
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(c) In conducting the study under Subsection (b) of this |
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section, the commission shall consult with criminal defense |
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attorneys, criminal defense attorney associations, the judiciary, |
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and any other organization engaged in the development of criminal |
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indigent defense policy that the commission considers appropriate. |
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SECTION 5. 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 6. Except as otherwise provided by this Act, this |
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Act takes effect September 1, 2014. |
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* * * * * |