Texas Senate Bill SB2162

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/28/09
• Voted on by Senate: 4/30/09
• Out of House Committee: 5/18/09

Caption

Relating to the appointment of counsel for the purposes of community supervision revocation or appellate proceedings.

Impact

The modifications introduced by SB2162 primarily affect Articles 26.04 and 42.12 of the Code of Criminal Procedure, reinforcing the obligation of courts to provide legal counsel to indigent defendants. By ensuring prompt and systematic legal representation, the bill aspires to enhance the integrity of the judicial process and uphold the rights of defendants, thereby potentially reducing unjust outcomes for those without means to secure legal assistance.

Summary

SB2162 addresses the appointment of counsel for indigent defendants during community supervision revocation or appellate proceedings. The bill amends various sections of the Code of Criminal Procedure to mandate that county courts and district courts establish and publish procedures for the timely appointment of counsel for those unable to afford legal representation. The aim is to ensure that defendants receive fair and equitable treatment under the law, safeguarding their right to legal counsel in criminal cases.

Contention

While proponents of the bill argue that it is a necessary step towards ensuring fairness in the judicial system, critics may express concerns about the adequacy of resources available to meet the newly established requirements. Questions may arise regarding the potential burden on the court system to implement these changes effectively. Additionally, the legislation raises fundamental issues related to the quality of representation offered to indigent defendants and whether the appointed counsel will have sufficient time and resources to adequately represent their clients.

Implementation

SB2162 is set to take effect on September 1, 2009, and its application is restricted to criminal proceedings commencing after this date. This phasing in allows existing cases to continue under prior laws, emphasizing a transition to a new standard for the appointment of counsel in Texas. The impact of this change will be closely monitored to assess how it alters the landscape of legal representation for indigent defendants.