81R6051 GCB-F
By: Harris S.B. No. 1579
A BILL TO BE ENTITLED
AN ACT
relating to the procedure for appointment of counsel for indigent
defendants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 1.051(c) and (i), Code of Criminal
Procedure, are amended to read as follows:
(c) An indigent defendant is entitled to have an attorney
appointed to represent him in any adversary judicial proceeding
that may result in punishment by confinement and in any other
criminal proceeding if the court concludes that the interests of
justice require representation. If [Except as otherwise provided
by this subsection, if] an indigent defendant is entitled to and
requests appointed counsel and if adversarial judicial proceedings
have been initiated against the defendant, a court or the courts'
designee authorized under Article 26.04 to appoint counsel for
indigent defendants in the county shall appoint counsel as soon as
possible, but not later than the end of the third working day after
the date on which the court or the courts' designee receives the
defendant's request for appointment of counsel. [In a county with a
population of 250,000 or more, the court or the courts' designee
shall appoint counsel as required by this subsection as soon as
possible, but not later than the end of the first working day after
the date on which the court or the courts' designee receives the
defendant's request for appointment of counsel.]
(i) If [Except as otherwise provided by this subsection, if]
an indigent defendant is entitled to and requests appointed counsel
and if adversarial judicial proceedings have not been initiated
against the defendant, a court or the courts' designee authorized
under Article 26.04 to appoint counsel for indigent defendants in
the county shall appoint counsel immediately following the
expiration of three working days after the date on which the court
or the courts' designee receives the defendant's request for
appointment of counsel. If adversarial judicial proceedings are
initiated against the defendant before the expiration of the three
working days, the court or the courts' designee shall appoint
counsel as provided by Subsection (c). [In a county with a
population of 250,000 or more, the court or the courts' designee
shall appoint counsel as required by this subsection immediately
following the expiration of one working day after the date on which
the court or the courts' designee receives the defendant's request
for appointment of counsel. If adversarial judicial proceedings
are initiated against the defendant before the expiration of the
one working day, the court or the courts' designee shall appoint
counsel as provided by Subsection (c).]
SECTION 2. The change in law made by this Act applies only
to a defendant's request for appointment of counsel made on or after
the effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.