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By: Kolkhorst |
S.B. No. 1649 |
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(In the Senate - Filed March 6, 2019; March 14, 2019, read |
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first time and referred to Committee on Criminal Justice; |
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April 23, 2019, reported adversely, with favorable Committee |
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Substitute by the following vote: Yeas 6, Nays 0; April 23, 2019, |
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sent to printer.) |
Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR S.B. No. 1649 |
By: Huffman |
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A BILL TO BE ENTITLED
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AN ACT
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relating to assistance with the establishment, operation, and |
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oversight of public defenders' offices and a review of certain |
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criminal defense attorney's fees by the Texas Indigent Defense |
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Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 79, Government Code, is |
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amended by adding Sections 79.043 and 79.044 to read as follows: |
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Sec. 79.043. ESTABLISHMENT OF PUBLIC DEFENDERS' OFFICES. |
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(a) In this section, "public defender's office" has the meaning |
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assigned by Article 26.044, Code of Criminal Procedure. |
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(b) The commission shall offer financial and technical |
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assistance to counties in the establishment, operation, and |
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oversight of public defenders' offices. The commission shall |
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provide ongoing financial assistance, as necessary, to ensure the |
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continued existence of the public defenders' offices in those |
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counties. The commission shall prioritize offering the assistance |
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described by this subsection to counties with populations of less |
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than 100,000, including assistance to regional public defenders' |
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offices that serve more than one county. |
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(c) The commission shall establish policies and standards |
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for the operation and administration of a public defender's office. |
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(d) Not later than November 1 of each even-numbered year, |
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the commission shall submit to the governor and the legislature a |
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report that includes: |
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(1) a plan and a timeline for establishing public |
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defenders' offices in counties with populations of less than |
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100,000; and |
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(2) a report on the number of public defenders' offices |
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established with the commission's assistance under this section. |
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Sec. 79.044. REVIEW OF ATTORNEY'S FEES. The commission |
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shall conduct a biennial review of the schedule of fees adopted |
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under Article 26.05, Code of Criminal Procedure, for the payment of |
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attorneys appointed to represent an indigent defendant in criminal |
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proceedings and the total amount of fees paid by counties to those |
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attorneys to ensure that the attorney's fees are consistent and |
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fair. |
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SECTION 2. This Act takes effect September 1, 2019. |
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