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A BILL TO BE ENTITLED
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AN ACT
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relating to the reimbursement of expenses to certain counsel |
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appointed to represent a defendant in a criminal proceeding. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 26.05, Code of Criminal Procedure, is |
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amended by amending Subsection (d) and adding Subsection (d-1) to |
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read as follows: |
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(d) A counsel in a noncapital case, other than an attorney |
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with a public defender's office, appointed to represent a defendant |
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under this code shall be reimbursed for reasonable and necessary |
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expenses, including expenses for: |
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(1) investigation; |
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(2) [and for] mental health and other experts; and |
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(3) if the defendant is imprisoned in a correctional |
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facility located more than 50 miles from the court in which the |
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defendant's proceeding is pending: |
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(A) travel to the defendant's location for a |
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confidential interview; or |
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(B) any costs associated with remotely |
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conducting a confidential interview with the defendant. |
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(d-1) Expenses under Subsection (d) incurred with prior |
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court approval shall be reimbursed in the same manner provided for |
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capital cases by Articles 26.052(f) and (g), and expenses under |
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that subsection incurred without prior court approval shall be |
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reimbursed in the manner provided for capital cases by Article |
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26.052(h). |
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SECTION 2. The change in law made by this Act applies only |
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to expenses incurred on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |