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A BILL TO BE ENTITLED
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AN ACT
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relating to attorneys representing indigent defendants in certain |
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criminal proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 26.04, Code of Criminal Procedure, is |
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amended by adding Subsection (i-1) to read as follows: |
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(i-1) Notwithstanding Subsection (j)(2) or any other law, |
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an attorney may be appointed under this article to represent an |
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indigent person for the sole purpose of providing counsel in |
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relation to that person's appearance before a magistrate as |
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required by Article 14.06(a), 15.17(a), or 15.18(a). The attorney |
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may continue to represent the person following the proceeding if |
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appointed for that purpose under the other provisions of this |
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article. |
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SECTION 2. Article 26.044, Code of Criminal Procedure, is |
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amended by adding Subsection (i-1) to read as follows: |
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(i-1) Notwithstanding Subsection (i)(1), an attorney |
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engaged in the private practice of criminal law may be employed by a |
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public defender's office on a part-time basis for the sole purpose |
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of providing counsel in relation to an indigent person's appearance |
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before a magistrate as required by Article 14.06(a), 15.17(a), or |
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15.18(a). |
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SECTION 3. The change in law made by this Act to Article |
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26.04, Code of Criminal Procedure, applies only to a person who is |
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arrested on or after the effective date of this Act. A person |
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arrested before the effective date of this Act is governed by the |
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law in effect on the date the person was arrested, and the former |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |