SECTION 1. Article 1.051,
Code of Criminal Procedure, is amended by amending Subsections (c), (i),
and (k) and adding Subsection (c-1) to read as follows:
(c) An indigent defendant is
entitled to have an attorney appointed to represent him in any adversary
judicial proceeding that may result in punishment by confinement and in any
other criminal proceeding if the court concludes that the interests of
justice require representation. Subject to Subsection (c-1) [Except
as otherwise provided by this subsection], if an indigent defendant is
entitled to and requests appointed counsel and if adversarial judicial
proceedings have been initiated against the defendant, a court or the
courts' designee authorized under Article 26.04 to appoint counsel for
indigent defendants in the county in which the defendant is arrested
shall appoint counsel as soon as possible, but not later than:
(1) the end of the third
working day after the date on which the court or the courts' designee
receives the defendant's request for appointment of counsel, if the
defendant is arrested in a county with a population of less than 250,000;
or
(2) [. In a county
with a population of 250,000 or more, the court or the courts' designee
shall appoint counsel as required by this subsection as soon as possible,
but not later than] the end of the first working day after the date on
which the court or the courts' designee receives the defendant's request
for appointment of counsel, if the defendant is arrested in a county
with a population of 250,000 or more.
(c-1) If an indigent
defendant is arrested under a warrant issued in a county other than the
county in which the arrest was made and the defendant is entitled to and
requests appointed counsel, a court or the courts' designee authorized
under Article 26.04 to appoint counsel for indigent defendants in the
county that issued the warrant shall appoint counsel within the periods
prescribed by Subsection (c), regardless of whether the defendant is
present within the county issuing the warrant and even if adversarial
judicial proceedings have not yet been initiated against the defendant in
the county issuing the warrant. However, if the defendant has not been
transferred or released into the custody of the county issuing the warrant
before the 11th day after the date of the arrest and if counsel has not
otherwise been appointed for the defendant in the arresting county under
this article, a court or the courts' designee authorized under Article
26.04 to appoint counsel for indigent defendants in the arresting county
immediately shall appoint counsel to represent the defendant in all pretrial and trial matters, including habeas
corpus proceedings, regardless of whether adversarial judicial
proceedings have been initiated against the defendant in the arresting
county.
(i) Subject to Subsection
(c-1) [Except as otherwise provided by this subsection], with
respect to a county with a population of less than 250,000, if an
indigent defendant is entitled to and requests appointed counsel and if
adversarial judicial proceedings have not been initiated against the
defendant, a court or the courts' designee authorized under Article 26.04
to appoint counsel for indigent defendants in the county in which the
defendant is arrested shall appoint counsel immediately following the
expiration of three working days after the date on which the court or the
courts' designee receives the defendant's request for appointment of
counsel. If adversarial judicial proceedings are initiated against the
defendant before the expiration of the three working days, the court or the
courts' designee shall appoint counsel as provided by Subsection (c). Subject
to Subsection (c-1), in [In] a county with a population of
250,000 or more, the court or the courts' designee shall appoint counsel as
required by this subsection immediately following the expiration of one
working day after the date on which the court or the courts' designee
receives the defendant's request for appointment of counsel. If adversarial
judicial proceedings are initiated against the defendant before the
expiration of the one working day, the court or the courts' designee shall
appoint counsel as provided by Subsection (c).
(k) A court or the courts'
designee may without unnecessary delay appoint new counsel to represent an
indigent defendant for whom counsel is appointed under Subsection (c),
(c-1), or (i) if:
(1) the defendant is
subsequently charged in the case with an offense different from the offense
with which the defendant was initially charged; and
(2) good cause to appoint new
counsel is stated on the record as required by Article 26.04(j)(2).
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SECTION 1. Article 1.051,
Code of Criminal Procedure, is amended by amending Subsections (c), (i),
and (k) and adding Subsection (c-1) to read as follows:
(c) An indigent defendant is
entitled to have an attorney appointed to represent him in any adversary
judicial proceeding that may result in punishment by confinement and in any
other criminal proceeding if the court concludes that the interests of
justice require representation. Subject to Subsection (c-1) [Except
as otherwise provided by this subsection], if an indigent defendant is
entitled to and requests appointed counsel and if adversarial judicial
proceedings have been initiated against the defendant, a court or the
courts' designee authorized under Article 26.04 to appoint counsel for
indigent defendants in the county in which the defendant is arrested
shall appoint counsel as soon as possible, but not later than:
(1) the end of the
third working day after the date on which the court or the courts' designee
receives the defendant's request for appointment of counsel, if the
defendant is arrested in a county with a population of less than 250,000;
or
(2) [. In a county
with a population of 250,000 or more, the court or the courts' designee
shall appoint counsel as required by this subsection as soon as possible,
but not later than] the end of the first working day after the date on
which the court or the courts' designee receives the defendant's request
for appointment of counsel, if the defendant is arrested in a county
with a population of 250,000 or more.
(c-1) If an indigent
defendant is arrested under a warrant issued in a county other than the
county in which the arrest was made and the defendant is entitled to and
requests appointed counsel, a court or the courts' designee authorized
under Article 26.04 to appoint counsel for indigent defendants in the county
that issued the warrant shall appoint counsel within the periods prescribed
by Subsection (c), regardless of whether the defendant is present within
the county issuing the warrant and even if adversarial judicial proceedings
have not yet been initiated against the defendant in the county issuing the
warrant. However, if the defendant has not been transferred or released
into the custody of the county issuing the warrant before the 11th day
after the date of the arrest and if counsel has not otherwise been
appointed for the defendant in the arresting county under this article, a
court or the courts' designee authorized under Article 26.04 to appoint
counsel for indigent defendants in the arresting county immediately shall
appoint counsel to represent the defendant in any
matter under Chapter 11 or 17, regardless of whether adversarial
judicial proceedings have been initiated against the defendant in the
arresting county. If counsel is appointed
for the defendant in the arresting county as required by this subsection,
the arresting county may seek from the county that issued the warrant
reimbursement for the actual costs paid by the arresting county for the
appointed counsel.
(i) Subject to Subsection
(c-1) [Except as otherwise provided by this subsection], with
respect to a county with a population of less than 250,000, if an
indigent defendant is entitled to and requests appointed counsel and if
adversarial judicial proceedings have not been initiated against the
defendant, a court or the courts' designee authorized under Article 26.04
to appoint counsel for indigent defendants in the county in which the
defendant is arrested shall appoint counsel immediately following the
expiration of three working days after the date on which the court or the
courts' designee receives the defendant's request for appointment of
counsel. If adversarial judicial proceedings are initiated against the
defendant before the expiration of the three working days, the court or the
courts' designee shall appoint counsel as provided by Subsection (c). Subject
to Subsection (c-1), in [In] a county with a population of
250,000 or more, the court or the courts' designee shall appoint counsel as
required by this subsection immediately following the expiration of one
working day after the date on which the court or the courts' designee
receives the defendant's request for appointment of counsel. If adversarial
judicial proceedings are initiated against the defendant before the
expiration of the one working day, the court or the courts' designee shall
appoint counsel as provided by Subsection (c).
(k) A court or the courts'
designee may without unnecessary delay appoint new counsel to represent an
indigent defendant for whom counsel is appointed under Subsection (c),
(c-1), or (i) if:
(1) the defendant is
subsequently charged in the case with an offense different from the offense
with which the defendant was initially charged; and
(2) good cause to appoint new
counsel is stated on the record as required by Article 26.04(j)(2).
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SECTION 3. Article 15.18,
Code of Criminal Procedure, is amended by adding Subsection (a-1) to read
as follows:
(a-1) If the arrested
person is taken before a magistrate of a county other than the county that
issued the warrant, the magistrate shall,
if the person is indigent and is entitled to and requests
appointed counsel, without unnecessary delay but not later than 24 hours
after the person requested the appointment of counsel, transmit, or cause
to be transmitted, the appropriate
request forms to a court or the courts' designee authorized under Article
26.04 to appoint counsel for indigent defendants in the county issuing the
warrant.
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SECTION 3. Article 15.18,
Code of Criminal Procedure, is amended by adding Subsection (a-1) to read
as follows:
(a-1) If the arrested
person is taken before a magistrate of a county other than the county that
issued the warrant, the magistrate shall inform
the person arrested of the procedures for requesting appointment of counsel
and ensure that reasonable assistance in completing the necessary forms for
requesting appointment of counsel is provided to the person at the same
time. If the person requests the appointment of counsel, the
magistrate shall, without unnecessary delay but not later than 24 hours
after the person requested the appointment of counsel, transmit, or cause
to be transmitted, the necessary
request forms to a court or the courts' designee authorized under Article
26.04 to appoint counsel in the county issuing the warrant.
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