| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the reimbursement of expenses to certain counsel |
|
|
appointed to represent a defendant in a criminal proceeding. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 26.05, Code of Criminal Procedure, is |
|
|
amended by amending Subsection (d) and adding Subsection (d-1) to |
|
|
read as follows: |
|
|
(d) A counsel in a noncapital case, other than an attorney |
|
|
with a public defender's office, appointed to represent a defendant |
|
|
under this code shall be reimbursed for reasonable and necessary |
|
|
expenses, including expenses for: |
|
|
(1) investigation; |
|
|
(2) [and for] mental health and other experts; and |
|
|
(3) if the defendant is confined in a correctional |
|
|
facility located more than 50 miles from the court in which the |
|
|
defendant's proceeding is pending: |
|
|
(A) travel to the defendant's location for a |
|
|
confidential communication and food and lodging related to that |
|
|
travel; and |
|
|
(B) any costs associated with remotely entering |
|
|
into a confidential communication with the defendant. |
|
|
(d-1) Expenses under Subsection (d) incurred with prior |
|
|
court approval shall be reimbursed in the same manner provided for |
|
|
capital cases by Articles 26.052(f) and (g), and expenses under |
|
|
Subsection (d) incurred without prior court approval shall be |
|
|
reimbursed in the manner provided for capital cases by Article |
|
|
26.052(h). |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to expenses incurred on or after the effective date of this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |