TX
Texas House Bill HB3580

Texas 2009 - 81st Regular

Texas House Bill HB3580

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the establishment of the capital writs committee and the office of capital writs.

Impact

One significant impact of HB3580 is its intended improvement in the quality of legal representation for defendants at risk of receiving the death penalty. By centralizing the process of appointing attorneys and establishing clear guidelines for representation, the bill seeks to eliminate discrepancies in how defendants in similar situations are treated across different jurisdictions in Texas. Moreover, it mandates the creation of a statewide list of competent counsel, potentially enhancing the standards for appointment and aiming to provide defendants with adequate legal support during post-conviction proceedings.

Summary

House Bill 3580 proposes the establishment of the Capital Writs Committee and the Office of Capital Writs in Texas to enhance the legal representation and procedural efficiency for defendants in death penalty cases. The bill outlines the structure and responsibilities of a newly formed committee consisting of experienced criminal defense attorneys and state district judges, tasked with recommending candidates for the director of the office. This initiative aims to streamline the appointment and oversight of legal counsel for indigent defendants facing capital charges, ensuring they receive qualified representation in death penalty proceedings.

Contention

There are potential points of contention related to the funding and operational capabilities of the proposed Office of Capital Writs. Critics may argue that the office could be overburdened or under-resourced, which may compromise the quality of representation it is meant to provide. Additionally, the process of defining what constitutes a conflict of interest for attorneys could lead to challenges in ensuring that all defendants can obtain necessary legal representation. Thus, while the bill introduces a critical framework for capital writs, the implications regarding implementation and resource allocation must be carefully monitored.

Companion Bills

TX SB1091

Identical Relating to the establishment of the capital writs committee and the office of capital writs and to the appointment and compensation of certain counsel for indigent defendants in a capital case.

Previously Filed As

TX HB937

Relating to the establishment of the inmate legal services office and to the appointment and compensation of certain legal counsel for certain indigent inmates and other persons in secure correctional facilities.

TX HB1170

Relating to policies and standards for providing legal representation to indigent defendants in certain capital felony cases.

TX SB1154

Relating to the establishment by regional education service centers of regional school district health coverage advisory committees.

TX HB20

Relating to measures to ensure the safety and welfare of the border region of this state, including protection from ongoing criminal activity and public health threats and the establishment of the Border Protection Unit; creating a criminal offense; creating a civil penalty.

TX HB1528

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.

TX HB3074

Relating to the establishment of an advisory committee to study housing supply and affordability.

TX SB2239

Relating to the establishment of an advisory committee to study housing supply and affordability.

TX HB3447

Relating to the establishment and administration of the Texas Space Commission and the Texas Aerospace Research and Space Economy Consortium.

TX HB4322

Relating to the establishment of a STEM and computer science strategic advisory committee.

TX HB5208

Relating to the establishment of the Texas Commission on Immigration and Migration and a migrant worker visa pilot project.

Similar Bills

TX SB1091

Relating to the establishment of the capital writs committee and the office of capital writs and to the appointment and compensation of certain counsel for indigent defendants in a capital case.

TX SB1743

Relating to expanding the powers and duties of the office of capital writs and renaming the office of capital writs the office of capital and forensic writs.

TX HB2222

Relating to the creation of a public integrity unit to prosecute offenses against public administration, including ethics offenses, offenses involving insurance fraud, and offenses involving motor fuels tax.

TX HB1676

Relating to the establishment of the capital appellate defense committee and the office of capital appellate defender.

TX SB302

Relating to the continuation and functions of the state bar.

TX HB2102

Relating to the continuation and functions of the state bar.

TX HB2647

Relating to the establishment of the inmate legal services office and to the appointment and compensation of certain legal counsel for certain indigent inmates and other persons in secure correctional facilities.

TX HB937

Relating to the establishment of the inmate legal services office and to the appointment and compensation of certain legal counsel for certain indigent inmates and other persons in secure correctional facilities.