By: Ellis, Hinojosa  S.B. No. 592
         (In the Senate - Filed February 15, 2013; February 25, 2013,
  read first time and referred to Committee on Criminal Justice;
  April 22, 2013, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 6, Nays 0; April 22, 2013,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 592 By:  Patrick
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the representation of indigent defendants in criminal
  cases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (j), Article 26.04, Code of Criminal
  Procedure, is amended to read as follows:
         (j)  An attorney appointed under this article shall:
               (1)  make every reasonable effort to contact the
  defendant not later than the end of the first working day after the
  date on which the attorney is appointed and to interview the
  defendant as soon as practicable after the attorney is appointed;
               (2)  represent the defendant until charges are
  dismissed, the defendant is acquitted, appeals are exhausted, or
  the attorney is permitted or ordered by the court to withdraw as
  counsel for the defendant after a finding of good cause is entered
  on the record; [and]
               (3)  with respect to a defendant not represented by
  other counsel, before withdrawing as counsel for the defendant
  after a trial or the entry of a plea of guilty:
                     (A)  advise the defendant of the defendant's right
  to file a motion for new trial and a notice of appeal;
                     (B)  if the defendant wishes to pursue either or
  both remedies described by Paragraph (A), assist the defendant in
  requesting the prompt appointment of replacement counsel; and
                     (C)  if replacement counsel is not appointed
  promptly and the defendant wishes to pursue an appeal, file a timely
  notice of appeal; and
               (4)  not later than October 15 of each year and in the
  form and manner prescribed by the Texas Indigent Defense
  Commission, submit to the county information that describes the
  attorney's caseload for the preceding fiscal year, including cases
  taken on a retainer.
         SECTION 2.  Effective September 1, 2013, Subsection (a),
  Section 79.036, Government Code, is amended to read as follows:
         (a)  Not [In each county, not] later than November 1 of each
  odd-numbered year and in the form and manner prescribed by the
  commission, each county [the following information] shall prepare
  [be prepared] and provide [provided] to the commission:
               (1)  a copy of all formal and informal rules and forms
  that describe the procedures used in the county to provide indigent
  defendants with counsel in accordance with the Code of Criminal
  Procedure, including the schedule of fees required under Article
  26.05 of that code;
               (2)  any plan or proposal submitted to the
  commissioners court under Article 26.044, Code of Criminal
  Procedure;
               (3)  any plan of operation submitted to the
  commissioners court under Article 26.047, Code of Criminal
  Procedure;
               (4)  any contract for indigent defense services
  required under rules adopted by the commission relating to a
  contract defender program;
               (5) [(2)]  any revisions to rules, [or] forms, plans,
  proposals, or contracts previously submitted under this section; or
               (6) [(3)]  verification that rules, [and] forms,
  plans, proposals, or contracts previously submitted under this
  section still remain in effect.
         SECTION 3.  Section 79.036, Government Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  Not later than November 1 of each year and in the form
  and manner prescribed by the commission, each county shall prepare
  and provide to the commission information that describes for the
  preceding fiscal year the caseloads of attorneys receiving
  appointments under Article 26.04, Code of Criminal Procedure.
         SECTION 4.  (a)  This section takes effect September 1,
  2013.
         (b)  Not later than September 1, 2014, the Texas Indigent
  Defense Commission shall conduct and publish a study for the
  purpose of determining guidelines for establishing a maximum
  allowable caseload for a criminal defense attorney that, when the
  attorney's total caseload, including appointments made under
  Article 26.04, Code of Criminal Procedure, appointments made under
  Title 3, Family Code, and other work, is considered, allows the
  attorney to give each indigent defendant the time and effort
  necessary to ensure effective representation. The study must be
  based on relevant policies, performance guidelines, and best
  practices.
         (c)  In conducting the study under Subsection (b) of this
  section, the commission shall consult with criminal defense
  attorneys, criminal defense attorney associations, the judiciary,
  and any other organization engaged in the development of criminal
  indigent defense policy that the commission considers appropriate.
         SECTION 5.  The change in law made by this Act applies only
  to a criminal proceeding that commences on or after the effective
  date of this Act. A criminal proceeding that commences before the
  effective date of this Act is governed by the law in effect when the
  proceeding commenced, and the former law is continued in effect for
  that purpose.
         SECTION 6.  Except as otherwise provided by this Act, this
  Act takes effect September 1, 2014.
 
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