By: Seliger, West S.B. No. 1517
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the appointment of counsel to represent indigent
  defendants in criminal cases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         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).
         SECTION 2.  Article 15.17(e), Code of Criminal Procedure, is
  amended to read as follows:
         (e)  In each case in which a person arrested is taken before a
  magistrate as required by Subsection (a) or Article 15.18(a), a
  record shall be made of:
               (1)  the magistrate informing the person of the
  person's right to request appointment of counsel;
               (2)  the magistrate asking the person whether the
  person wants to request appointment of counsel; and
               (3)  whether the person requested appointment of
  counsel.
         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.
         SECTION 4.  Article 26.04(a), Code of Criminal Procedure, is
  amended to read as follows:
         (a)  The judges of the county courts, statutory county
  courts, and district courts trying criminal cases in each county,
  by local rule, shall adopt and publish written countywide
  procedures for timely and fairly appointing counsel for an indigent
  defendant in the county arrested for, charged with, or taking an
  appeal from a conviction of a misdemeanor punishable by confinement
  or a felony. The procedures must be consistent with this article
  and Articles 1.051, 15.17, 15.18, 26.05, and 26.052. A court shall
  appoint an attorney from a public appointment list using a system of
  rotation, unless the court appoints an attorney under Subsection
  (f), (f-1), (h), or (i). The court shall appoint attorneys from
  among the next five names on the appointment list in the order in
  which the attorneys' names appear on the list, unless the court
  makes a finding of good cause on the record for appointing an
  attorney out of order. An attorney who is not appointed in the
  order in which the attorney's name appears on the list shall remain
  next in order on the list.
         SECTION 5.  The change in law made by this Act applies only
  to a person who is arrested on or after the effective date of this
  Act. A person arrested before the effective date of this Act is
  governed by the law in effect on the date the person was arrested,
  and the former law is continued in effect for that purpose.
         SECTION 6.  This Act takes effect September 1, 2015.