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A BILL TO BE ENTITLED
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AN ACT
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relating to a maximum allowable caseload for certain attorneys. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 26.04(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) Procedures adopted under Subsection (a) shall: |
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(1) authorize only the judges of the county courts, |
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statutory county courts, and district courts trying criminal cases |
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in the county, or the judges' designee, to appoint counsel for |
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indigent defendants in the county; |
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(2) apply to each appointment of counsel made by a |
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judge or the judges' designee in the county; |
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(3) ensure that each indigent defendant in the county |
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who is charged with a misdemeanor punishable by confinement or with |
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a felony and who appears in court without counsel has an opportunity |
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to confer with appointed counsel before the commencement of |
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judicial proceedings; |
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(4) require appointments for defendants in capital |
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cases in which the death penalty is sought to comply with any |
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applicable requirements under Articles 11.071 and 26.052; |
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(5) ensure that each attorney appointed from a public |
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appointment list to represent an indigent defendant perform the |
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attorney's duty owed to the defendant in accordance with the |
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adopted procedures, the requirements of this code, and applicable |
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rules of ethics; [and] |
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(6) ensure that appointments are allocated among |
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qualified attorneys in a manner that is fair, neutral, and |
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nondiscriminatory; and |
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(7) ensure that an appointment will not result in the |
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applicable attorney having a caseload that is larger than the |
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maximum allowable caseload established under Section 79.043, |
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Government Code. |
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SECTION 2. Article 26.047(c), Code of Criminal Procedure, |
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is amended to read as follows: |
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(c) The commissioners court or commissioners courts shall |
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require a written plan of operation from an entity operating a |
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program under this article. The plan of operation must include: |
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(1) a budget for the program, including salaries; |
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(2) a description of each personnel position, |
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including the program's director; |
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(3) the maximum allowable caseload for each attorney |
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appointed by the program, not to exceed the maximum allowable |
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caseload established under Section 79.043, Government Code; |
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(4) provisions for training personnel of the program |
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and attorneys appointed under the program; |
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(5) a description of anticipated overhead costs for |
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the program; |
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(6) a policy regarding licensed investigators and |
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expert witnesses used by attorneys appointed under the program; |
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(7) a policy to ensure that appointments are |
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reasonably and impartially allocated among qualified attorneys; |
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and |
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(8) a policy to ensure that an attorney appointed |
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under the program does not accept appointment in a case that |
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involves a conflict of interest for the attorney that has not been |
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waived by all affected clients. |
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SECTION 3. Subchapter C, Chapter 79, Government Code, is |
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amended by adding Section 79.043 to read as follows: |
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Sec. 79.043. MAXIMUM ALLOWABLE CASELOAD FOR CRIMINAL |
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DEFENSE ATTORNEYS. (a) The commission shall establish a maximum |
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allowable caseload for a criminal defense attorney that, |
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considering the attorney's total caseload, including appointments |
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made under Article 26.04, Code of Criminal Procedure, appointments |
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made under Title 3, Family Code, and other work, would allow the |
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attorney to give each criminal defendant the time and effort |
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necessary to ensure effective and diligent representation. |
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(b) The commission shall revise the maximum allowable |
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caseload described by Subsection (a) as necessary. |
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(c) The commission shall post the maximum allowable |
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caseload described by Subsection (a) on the commission's Internet |
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website. |
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(d) The commission shall adopt rules to promote compliance |
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by each county in this state with the maximum allowable caseload |
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described by Subsection (a). The commission shall impose a remedy |
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for noncompliance occurring in any county in which the commission |
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provided, for the preceding state fiscal year, grant funds under |
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Section 79.037 in an amount that equaled more than 50 percent of the |
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county's expenditures on indigent defense services for that year. |
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SECTION 4. Not later than November 1, 2023, the Texas |
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Indigent Defense Commission shall establish and post on its |
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Internet website the maximum allowable caseload described by |
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Section 79.043, Government Code, as added by this Act. |
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SECTION 5. The changes in law made by this Act apply only to |
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a criminal case in which the indictment or information is filed on |
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or after November 1, 2023. A criminal case in which the indictment |
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or information was filed before November 1, 2023, is governed by the |
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law in effect immediately before the effective date of this Act, and |
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the former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2023. |