BILL ANALYSIS

Senate Research Center	H.B. 1088
88R528 JRR-D	By: Johnson, Ann (Whitmire)
	Criminal Justice
	4/28/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Community supervision and corrections departments (CSCD) are most commonly known as the local probation or parole office. The Office of the Attorney General (OAG) defends a CSCD in all lawsuits with the exception of suits involving writs of habeas corpus. Such suits against CSCDs are often filed when someone under the CSCD's supervision is challenging the fact or duration of their supervision. When the county or district attorney refuses to represent the CSCD in a habeas corpus case, and with the OAG not authorized to represent them in such a suit, the named individual in the suit then bears the cost of hiring counsel. Relying on individual employees to hire private counsel, who often lack extensive practice in the public habeas docket, creates an ineffective and unjust system.

H.B. 1088 seeks to ensure that CSCDs and their employees are afforded capable representation whenever they are named in a habeas corpus case and thus relieve them of the personal responsibility of hiring and paying the cost for private counsel.

H.B. 1088 provides a means for legal representation for CSCDs and their employees in writ of habeas corpus cases by:

� specifying that the OAG, district attorney, or county attorney must defend the CSCD or its employees in such a case;

� requiring the OAG to defend the CSCD or its employees if the district or county attorney is unable to; and

� allowing the OAG to assist in such a suit if requested by a local district or county attorney.

H.B. 1088 amends current law relating to the representation of a community supervision and corrections department in cases in which a person under the supervision of that department challenges the fact or duration of the supervision.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 76.006, Government Code, by amending Subsection (d) and adding Subsection (d-1), as follows:

(d) Deletes existing text prohibiting the attorney general from defending a county supervision and corrections department (CSCD) or its employees in cases in which a person under supervision challenges the fact or duration of the supervision.

(d-1) Requires the attorney general or the district or county attorney with jurisdiction over the offense for which a person is under supervision, if the person under the supervision of a CSCD challenges the fact or duration of the supervision, to defend the CSCD or its employees. Requires the attorney general to defend the CSCD or its employees in a case described by this subsection if the district or county attorney is unable to defend the CSCD or its employees, as applicable. Authorizes the attorney general, at the request of a district or county attorney, to provide assistance to the district or county attorney in defending a CSCD or its employees in cases described by this subsection.

SECTION 2. Makes application of Section 76.006(d-1), Government Code, as added by this Act, prospective.

SECTION 3. Effective date: September 1, 2023.