Texas 2009 - 81st Regular

Texas Senate Bill SB1581 Compare Versions

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

Old	New	Differences
1	1	81R6054 PEP-D
2	2	By: Harris S.B. No. 1581
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the appointment of counsel to represent an indigent
8	8	defendant in a capital case and to the reimbursement of certain
9	9	expenses incurred by appointed counsel.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 26.052, Code of Criminal Procedure, is
12	12	amended by amending Subsections (e), (f), and (g) and adding
13	13	Subsections (e-1) and (e-2) to read as follows:
14	14	(e) The presiding judge of the district court in which a
15	15	capital felony case is filed shall appoint an attorney, who [two
16	16	attorneys, at least one of whom] must be qualified under this
17	17	chapter, to represent an indigent defendant as soon as practicable
18	18	after charges are filed[, unless the state gives notice in writing
19	19	that the state will not seek the death penalty]. Unless the state
20	20	files written notice in the case that the state will not seek the
21	21	death penalty, the judge shall appoint a second attorney to the case
22	22	on the earlier of:
23	23	(1) the date the state files written notice in the case
24	24	that the state will seek the death penalty; or
25	25	(2) the 90th day after the date on which the defendant
26	26	is charged with a capital offense by indictment or by complaint,
27	27	whichever occurs first.
28	28	(e-1) An attorney is not required to meet the standards
29	29	described by Subsection (d)(2) to be eligible for appointment as a
30	30	second attorney under Subsection (e).
31	31	(e-2) A case in which the state seeks the death penalty may
32	32	not proceed to trial on the merits before the 180th day after the
33	33	date on which a second attorney is appointed to the case under
34	34	Subsection (e). If, after the second attorney is appointed, the
35	35	state files written notice in the case that the state will not seek
36	36	the death penalty, the judge may remove the second attorney from the
37	37	case. The second attorney remains entitled to reasonable payment
38	38	for services rendered before removal in accordance with the local
39	39	guidelines for payment of an attorney appointed to represent a
40	40	defendant in a capital case.
41	41	(f) Appointed counsel may file with the trial court a
42	42	pretrial ex parte confidential request for advance payment of
43	43	expenses to investigate potential defenses and mitigation
44	44	evidence. The request for expenses must state:
45	45	(1) the type of investigation to be conducted;
46	46	(2) specific facts that suggest the investigation will
47	47	result in admissible evidence; and
48	48	(3) an itemized list of anticipated expenses for each
49	49	investigation.
50	50	(g) The court shall timely grant the request for advance
51	51	payment of expenses in whole or in part if the request is
52	52	reasonable. If the court denies in whole or in part the request for
53	53	expenses, the court shall:
54	54	(1) state the reasons for the denial in writing;
55	55	(2) attach the denial to the confidential request; and
56	56	(3) submit the request and denial as a sealed exhibit
57	57	to the record.
58	58	SECTION 2. The change in law made by this Act applies only
59	59	to a capital felony case that is filed on or after the effective
60	60	date of this Act. A capital felony case that is filed before the
61	61	effective date of this Act is governed by the law in effect on the
62	62	date the case was filed, and the former law is continued in effect
63	63	for that purpose.
64	64	SECTION 3. This Act takes effect September 1, 2009.