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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of counsel to represent indigent |
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defendants in criminal cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 1.051, Code of Criminal Procedure, is |
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amended by amending Subsections (c), (i), and (k) and adding |
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Subsection (c-1) to read as follows: |
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(c) An indigent defendant is entitled to have an attorney |
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appointed to represent him in any adversary judicial proceeding |
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that may result in punishment by confinement and in any other |
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criminal proceeding if the court concludes that the interests of |
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justice require representation. Subject to Subsection (c-1) |
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[Except as otherwise provided by this subsection], if an indigent |
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defendant is entitled to and requests appointed counsel and if |
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adversarial judicial proceedings have been initiated against the |
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defendant, a court or the courts' designee authorized under Article |
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26.04 to appoint counsel for indigent defendants in the county in |
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which the defendant is arrested shall appoint counsel as soon as |
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possible, but not later than: |
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(1) the end of the third working day after the date on |
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which the court or the courts' designee receives the defendant's |
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request for appointment of counsel, if the defendant is arrested in |
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a county with a population of less than 250,000; or |
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(2) [. In a county with a population of 250,000 or
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more, the court or the courts' designee shall appoint counsel as
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required by this subsection as soon as possible, but not later than] |
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the end of the first working day after the date on which the court or |
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the courts' designee receives the defendant's request for |
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appointment of counsel, if the defendant is arrested in a county |
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with a population of 250,000 or more. |
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(c-1) If an indigent defendant is arrested under a warrant |
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issued in a county other than the county in which the arrest was |
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made and the defendant is entitled to and requests appointed |
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counsel, a court or the courts' designee authorized under Article |
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26.04 to appoint counsel for indigent defendants in the county that |
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issued the warrant shall appoint counsel within the periods |
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prescribed by Subsection (c), regardless of whether the defendant |
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is present within the county issuing the warrant and even if |
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adversarial judicial proceedings have not yet been initiated |
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against the defendant in the county issuing the warrant. However, |
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if the defendant has not been transferred or released into the |
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custody of the county issuing the warrant before the 11th day after |
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the date of the arrest and if counsel has not otherwise been |
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appointed for the defendant in the arresting county under this |
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article, a court or the courts' designee authorized under Article |
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26.04 to appoint counsel for indigent defendants in the arresting |
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county immediately shall appoint counsel to represent the defendant |
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in any matter under Chapter 11 or 17, regardless of whether |
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adversarial judicial proceedings have been initiated against the |
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defendant in the arresting county. If counsel is appointed for the |
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defendant in the arresting county as required by this subsection, |
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the arresting county may seek from the county that issued the |
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warrant reimbursement for the actual costs paid by the arresting |
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county for the appointed counsel. |
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(i) Subject to Subsection (c-1) [Except as otherwise
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provided by this subsection], with respect to a county with a |
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population of less than 250,000, if an indigent defendant is |
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entitled to and requests appointed counsel and if adversarial |
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judicial proceedings have not been initiated against the defendant, |
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a court or the courts' designee authorized under Article 26.04 to |
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appoint counsel for indigent defendants in the county in which the |
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defendant is arrested shall appoint counsel immediately following |
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the expiration of three working days after the date on which the |
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court or the courts' designee receives the defendant's request for |
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appointment of counsel. If adversarial judicial proceedings are |
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initiated against the defendant before the expiration of the three |
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working days, the court or the courts' designee shall appoint |
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counsel as provided by Subsection (c). Subject to Subsection |
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(c-1), in [In] a county with a population of 250,000 or more, the |
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court or the courts' designee shall appoint counsel as required by |
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this subsection immediately following the expiration of one working |
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day after the date on which the court or the courts' designee |
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receives the defendant's request for appointment of counsel. If |
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adversarial judicial proceedings are initiated against the |
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defendant before the expiration of the one working day, the court or |
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the courts' designee shall appoint counsel as provided by |
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Subsection (c). |
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(k) A court or the courts' designee may without unnecessary |
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delay appoint new counsel to represent an indigent defendant for |
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whom counsel is appointed under Subsection (c), (c-1), or (i) if: |
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(1) the defendant is subsequently charged in the case |
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with an offense different from the offense with which the defendant |
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was initially charged; and |
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(2) good cause to appoint new counsel is stated on the |
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record as required by Article 26.04(j)(2). |
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SECTION 2. Article 15.17(e), Code of Criminal Procedure, is |
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amended to read as follows: |
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(e) In each case in which a person arrested is taken before a |
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magistrate as required by Subsection (a) or Article 15.18(a), a |
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record shall be made of: |
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(1) the magistrate informing the person of the |
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person's right to request appointment of counsel; |
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(2) the magistrate asking the person whether the |
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person wants to request appointment of counsel; and |
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(3) whether the person requested appointment of |
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counsel. |
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SECTION 3. Article 15.18, Code of Criminal Procedure, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) If the arrested person is taken before a magistrate of |
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a county other than the county that issued the warrant, the |
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magistrate shall inform the person arrested of the procedures for |
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requesting appointment of counsel and ensure that reasonable |
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assistance in completing the necessary forms for requesting |
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appointment of counsel is provided to the person at the same time. |
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If the person requests the appointment of counsel, the magistrate |
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shall, without unnecessary delay but not later than 24 hours after |
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the person requested the appointment of counsel, transmit, or cause |
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to be transmitted, the necessary request forms to a court or the |
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courts' designee authorized under Article 26.04 to appoint counsel |
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in the county issuing the warrant. |
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SECTION 4. Article 26.04(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) The judges of the county courts, statutory county |
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courts, and district courts trying criminal cases in each county, |
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by local rule, shall adopt and publish written countywide |
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procedures for timely and fairly appointing counsel for an indigent |
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defendant in the county arrested for, charged with, or taking an |
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appeal from a conviction of a misdemeanor punishable by confinement |
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or a felony. The procedures must be consistent with this article |
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and Articles 1.051, 15.17, 15.18, 26.05, and 26.052. A court shall |
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appoint an attorney from a public appointment list using a system of |
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rotation, unless the court appoints an attorney under Subsection |
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(f), (f-1), (h), or (i). The court shall appoint attorneys from |
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among the next five names on the appointment list in the order in |
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which the attorneys' names appear on the list, unless the court |
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makes a finding of good cause on the record for appointing an |
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attorney out of order. An attorney who is not appointed in the |
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order in which the attorney's name appears on the list shall remain |
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next in order on the list. |
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SECTION 5. The change in law made by this Act applies only |
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to a person who is arrested on or after the effective date of this |
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Act. A person arrested before the effective date of this Act is |
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governed by the law in effect on the date the person was arrested, |
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and the former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2015. |
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