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A BILL TO BE ENTITLED
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AN ACT
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relating to attorneys in certain counties who are qualified for |
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appointment to represent a defendant with a mental illness. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 26.04(e) and (g), Code of Criminal |
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Procedure, are amended to read as follows: |
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(e) In a county in which a court is required under |
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Subsection (a) to appoint an attorney from a public appointment |
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list: |
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(1) the judges of the county courts and statutory |
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county courts trying misdemeanor cases in the county, by formal |
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action: |
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(A) shall: |
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(i) establish a public appointment list of |
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attorneys qualified to provide representation in the county in |
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misdemeanor cases punishable by confinement, including, in a county |
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with a population of 250,000 or more, a separate appointment list of |
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attorneys qualified to represent a defendant with a mental illness; |
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and |
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(ii) specify the objective qualifications |
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necessary for an attorney to be included on a [the] list under |
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Subparagraph (i); and |
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(B) may establish, if determined by the judges to |
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be appropriate, more than one appointment list graduated according |
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to the degree of seriousness of the offense, the attorneys' |
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qualifications, and whether representation will be provided in |
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trial court proceedings, appellate proceedings, or both; and |
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(2) the judges of the district courts trying felony |
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cases in the county, by formal action: |
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(A) shall: |
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(i) establish a public appointment list of |
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attorneys qualified to provide representation in felony cases in |
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the county, including, in a county with a population of 250,000 or |
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more, a separate appointment list of attorneys qualified to |
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represent a defendant with a mental illness; and |
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(ii) specify the objective qualifications |
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necessary for an attorney to be included on a [the] list under |
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Subparagraph (i); and |
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(B) may establish, if determined by the judges to |
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be appropriate, more than one appointment list graduated according |
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to the degree of seriousness of the offense, the attorneys' |
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qualifications, and whether representation will be provided in |
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trial court proceedings, appellate proceedings, or both. |
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(g) A countywide alternative program for appointing counsel |
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for indigent defendants in criminal cases is established by a |
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formal action in which two-thirds of the judges of the courts |
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designated under this subsection vote to establish the alternative |
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program. An alternative program for appointing counsel in |
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misdemeanor and felony cases may be established in the manner |
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provided by this subsection by the judges of the county courts, |
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statutory county courts, and district courts trying criminal cases |
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in the county. An alternative program for appointing counsel in |
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misdemeanor cases may be established in the manner provided by this |
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subsection by the judges of the county courts and statutory county |
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courts trying criminal cases in the county. An alternative program |
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for appointing counsel in felony cases may be established in the |
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manner provided by this subsection by the judges of the district |
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courts trying criminal cases in the county. In a county in which an |
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alternative program is established: |
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(1) the alternative program may: |
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(A) use a single method for appointing counsel or |
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a combination of methods; and |
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(B) use a multicounty appointment list using a |
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system of rotation; and |
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(2) the procedures adopted under Subsection (a) must |
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ensure that: |
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(A) attorneys appointed using the alternative |
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program to represent defendants in misdemeanor cases punishable by |
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confinement: |
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(i) meet specified objective |
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qualifications for that representation, which may be graduated |
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according to the degree of seriousness of the offense and whether |
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representation will be provided in trial court proceedings, |
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appellate proceedings, or both; |
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(ii) in a county with a population of |
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250,000 or more, meet specified objective qualifications to |
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represent a defendant with a mental illness; and |
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(iii) [(ii)] are approved by a majority of |
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the judges of the county courts and statutory county courts trying |
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misdemeanor cases in the county; |
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(B) attorneys appointed using the alternative |
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program to represent defendants in felony cases: |
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(i) meet specified objective |
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qualifications for that representation, which may be graduated |
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according to the degree of seriousness of the offense and whether |
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representation will be provided in trial court proceedings, |
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appellate proceedings, or both; |
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(ii) in a county with a population of |
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250,000 or more, meet specified objective qualifications to |
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represent a defendant with a mental illness; and |
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(iii) [(ii)] are approved by a majority of |
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the judges of the district courts trying felony cases in the county; |
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(C) appointments for defendants in capital cases |
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in which the death penalty is sought comply with the requirements of |
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Article 26.052; and |
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(D) appointments are reasonably and impartially |
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allocated among qualified attorneys. |
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SECTION 2. Not later than December 1, 2017, the judges of |
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the county courts, statutory county courts, and district courts in |
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each county with a population of 250,000 or more shall update an |
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appointment list or alternative program for appointing counsel, as |
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applicable, to comply with Articles 26.04(e) and (g), Code of |
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Criminal Procedure, as amended by this Act. |
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SECTION 3. This Act takes effect September 1, 2017. |