Texas 2023 - 88th Regular

Texas House Bill HB2523

Filed
2/21/23  
Out of House Committee
4/21/23  
Voted on by House
5/12/23  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the reimbursement of expenses to certain counsel appointed to represent a defendant in a criminal proceeding.

Impact

By allowing these reimbursements, HB 2523 intends to enhance the legal representation provided to defendants and ensure that counsel can meet with clients effectively. This is particularly pertinent in a state where distances can impede timely access to justice. The bill is believed to promote equity in legal representation, supporting appointed attorneys in fulfilling their obligations without the burden of out-of-pocket costs that could otherwise deter them from taking on such cases. The change in law takes effect on September 1, 2023, and applies to expenses incurred after this date.

Summary

House Bill 2523 aims to amend the Texas Code of Criminal Procedure regarding the reimbursement of expenses incurred by appointed counsel representing defendants in criminal proceedings. Specifically, the bill provides for reimbursement for reasonable and necessary expenses related to investigations, expert consultations, and travel, particularly for instances where the defendants are held in jails located more than 50 miles from the court. This modification seeks to address logistical challenges faced by attorneys when representing clients housed outside their jurisdiction, ensuring they are compensated fairly for their essential travel and communication efforts.

Sentiment

The overall sentiment surrounding HB 2523 is favorable, as it received unanimous support during committee discussions and legislative votes, with 141 ayes and no nays recorded during the final passage. Stakeholders such as representatives from the Texas Fair Defense Project and criminal defense associations expressed support for the bill, highlighting its potential to significantly improve the quality of defense provided to those who cannot afford private representation. The consensus appears to be that these changes are a necessary step toward ensuring fair representation in criminal proceedings.

Contention

While there was strong support for the bill, concerns may arise regarding the administrative oversight of the reimbursement process and whether sufficient funds will be allocated for these reimbursements in the long term. Additionally, as with any legislative change, the implementation details and actual effects on the ground will be closely monitored to ensure that they fulfill the intended purpose without unnecessary complications or financial burdens on the state's budget.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 26. Arraignment
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB1046

Identical Relating to the reimbursement of expenses to certain counsel appointed to represent a defendant in a criminal proceeding.

Similar Bills

No similar bills found.