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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of a local public defender's office to |
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represent indigent 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 26.04, Code of Criminal Procedure, is |
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amended by amending Subsections (a) and (f) 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 and must |
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provide for the priority appointment of a public defender's office |
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as described by Subsection (f). A court shall appoint an attorney |
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from a public appointment list using a system of rotation, unless |
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the court appoints an attorney under Subsection (f), (f-1), (h), or |
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(i). The court shall appoint attorneys from among the next five |
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names on the appointment list in the order in which the attorneys' |
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names appear on the list, unless the court makes a finding of good |
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cause on the record for appointing an attorney out of order. An |
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attorney who is not appointed in the order in which the attorney's |
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name appears on the list shall remain next in order on the list. |
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(f) In a county with [in which] a public defender's office |
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[is created or designated under Article 26.044], the court or the |
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courts' designee shall give priority in appointing that office to |
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represent the defendant in the criminal proceeding, including a |
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proceeding in a capital murder case. However, the court is not |
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required to appoint the public defender's office if: |
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(1) the court makes a finding of good cause on the |
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record for appointing [has reason to appoint] other counsel; [or] |
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(2) the appointment would be contrary to the office's |
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written plan under Article 26.044; |
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(3) the office is prohibited from accepting the |
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appointment under Article 26.044(j); or |
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(4) a managed assigned counsel program also exists in |
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the county and an attorney will be appointed under that program. |
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SECTION 2. This Act takes effect September 1, 2019. |