Texas 2009 - 81st Regular

Texas Senate Bill SB1579 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R6051 GCB-F
2	2	By: Harris S.B. No. 1579
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the procedure for appointment of counsel for indigent
8	8	defendants.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Articles 1.051(c) and (i), Code of Criminal
11	11	Procedure, are amended to read as follows:
12	12	(c) An indigent defendant is entitled to have an attorney
13	13	appointed to represent him in any adversary judicial proceeding
14	14	that may result in punishment by confinement and in any other
15	15	criminal proceeding if the court concludes that the interests of
16	16	justice require representation. If [Except as otherwise provided
17	17	by this subsection, if] an indigent defendant is entitled to and
18	18	requests appointed counsel and if adversarial judicial proceedings
19	19	have been initiated against the defendant, a court or the courts'
20	20	designee authorized under Article 26.04 to appoint counsel for
21	21	indigent defendants in the county shall appoint counsel as soon as
22	22	possible, but not later than the end of the third working day after
23	23	the date on which the court or the courts' designee receives the
24	24	defendant's request for appointment of counsel. [In a county with a
25	25	population of 250,000 or more, the court or the courts' designee
26	26	shall appoint counsel as required by this subsection as soon as
27	27	possible, but not later than the end of the first working day after
28	28	the date on which the court or the courts' designee receives the
29	29	defendant's request for appointment of counsel.]
30	30	(i) If [Except as otherwise provided by this subsection, if]
31	31	an indigent defendant is entitled to and requests appointed counsel
32	32	and if adversarial judicial proceedings have not been initiated
33	33	against the defendant, a court or the courts' designee authorized
34	34	under Article 26.04 to appoint counsel for indigent defendants in
35	35	the county shall appoint counsel immediately following the
36	36	expiration of three working days after the date on which the court
37	37	or the courts' designee receives the defendant's request for
38	38	appointment of counsel. If adversarial judicial proceedings are
39	39	initiated against the defendant before the expiration of the three
40	40	working days, the court or the courts' designee shall appoint
41	41	counsel as provided by Subsection (c). [In a county with a
42	42	population of 250,000 or more, the court or the courts' designee
43	43	shall appoint counsel as required by this subsection immediately
44	44	following the expiration of one working day after the date on which
45	45	the court or the courts' designee receives the defendant's request
46	46	for appointment of counsel. If adversarial judicial proceedings
47	47	are initiated against the defendant before the expiration of the
48	48	one working day, the court or the courts' designee shall appoint
49	49	counsel as provided by Subsection (c).]
50	50	SECTION 2. The change in law made by this Act applies only
51	51	to a defendant's request for appointment of counsel made on or after
52	52	the effective date of this Act.
53	53	SECTION 3. This Act takes effect immediately if it receives
54	54	a vote of two-thirds of all the members elected to each house, as
55	55	provided by Section 39, Article III, Texas Constitution. If this
56	56	Act does not receive the vote necessary for immediate effect, this
57	57	Act takes effect September 1, 2009.