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A BILL TO BE ENTITLED
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AN ACT
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relating to the representation of a defendant in certain criminal |
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proceedings in populous counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 15, Code of Criminal Procedure, is |
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amended by adding Article 15.171 to read as follows: |
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Art. 15.171. REPRESENTATION IN POPULOUS COUNTIES. (a) |
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This article applies only to a county with a population of more than |
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three million. |
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(b) Notwithstanding any other law, an arrested person who is |
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taken before a magistrate as required by Article 14.06(a), |
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15.17(a), or 15.18(a) shall be represented by the public defender's |
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office for the county in which the magistrate is located for |
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purposes of the person's appearance before the magistrate unless |
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the person: |
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(1) has retained counsel to represent the person at |
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the appearance; or |
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(2) voluntarily and intelligently waives, in writing, |
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the right to counsel. |
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(c) If a person represented by the public defender's office |
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under this article is not indigent, the judge presiding over the |
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person's case shall order the person to pay the costs of the |
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office's services as provided by Article 26.05(g). |
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SECTION 2. 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 3. This Act takes effect September 1, 2017. |