Texas 2023 - 88th Regular

Texas House Bill HB1528

Filed
1/23/23  
Out of House Committee
4/26/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to magistration proceedings for criminal defendants and the retention of related records, to services and representation provided to indigent criminal defendants and indigent juveniles, and to the governance and administration of the Texas Indigent Defense Commission.

Impact

If enacted, HB 1528 would amend several articles in the Texas Code of Criminal Procedure, focusing on the rights of indigent defendants. Key changes include the appointment of counsel for defendants presenting potentially meritorious claims, including issues of innocence or unconstitutional sentences. Additionally, the bill mandates timely representation and aims to streamline the process for appointing legal counsel, potentially enhancing the fairness of the criminal justice system. These changes could lead to improved outcomes for indigent defendants and enhance public confidence in legal proceedings.

Summary

House Bill 1528 is a significant legislative proposal aimed at improving the indigent defense system in Texas. The bill includes multiple provisions related to magistration proceedings for criminal defendants, services and representation provided to indigent defendants and juveniles, and the governance of the Texas Indigent Defense Commission. The overarching goal of this bill is to ensure that those who cannot afford legal representation receive adequate support and legal services throughout the judicial process, particularly at critical junctures such as magistration.

Sentiment

The sentiment surrounding HB 1528 appears to be largely positive, especially among advocacy groups that support legal aid and indigent defense reform. Proponents argue that the bill is a necessary step toward ensuring justice for all individuals, regardless of their financial status. However, concerns may exist regarding how these changes will be implemented, particularly in terms of funding and resource allocation for public defender offices, which might affect the quality and availability of legal services.

Contention

While HB 1528 has garnered overall support, there may be points of contention regarding the practical implications of its implementation. Some critics worry that the bill, while well-intentioned, may not adequately address existing resource limitations within public defense systems, leading to potential systemic challenges. Furthermore, there could be concerns about how effectively the proposed changes will be executed across various counties, especially in areas with significantly varying levels of legal resources.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 11. Habeas Corpus
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 15. Arrest Under Warrant
    • Section: New Section
    • Section: New Section
    • Section: 17
  • Chapter 26. Arraignment
    • Section: New Section
    • Section: New Section
    • Section: New Section

Government Code

  • Chapter 79. Texas Indigent Defense Commission
    • Section: 014
    • Section: 016
    • Section: 014
    • Section: 014
  • Chapter 411. Department Of Public Safety Of The State Of Texas
    • Section: New Section
    • Section: 088
    • Section: 1272
    • Section: New Section
    • Section: 088
    • Section: 1272
    • Section: New Section
    • Section: 088
    • Section: 1272

Companion Bills

No companion bills found.

Similar Bills

TX SB170

Relating to the reorganization of powers and duties among agencies in this state that provide representation to indigent defendants in criminal cases and to the reorganization of funding sources for indigent defense.

TX HB1754

Relating to the reorganization of powers and duties among agencies in this state that provide representation to indigent defendants in criminal cases and to the reorganization of funding sources for indigent defense.

TX SB2111

Relating to legal representation of indigent persons in this state and to proceedings before a magistrate including the appointment of counsel for an indigent defendant.

TX HB4915

Relating to legal representation of indigent persons in this state and to proceedings before a magistrate including the appointment of counsel for an indigent defendant.

TX SB1322

Relating to indigent defense.

TX HB416

Relating to the appointment of attorneys representing indigent defendants in criminal proceedings.

TX HB2608

Relating to the appointment of attorneys representing indigent defendants in criminal proceedings.

TX SB780

Relating to the prioritization of certain available legal defense services when appointing representation for an indigent defendant in a criminal case.