By: Gallego (Senate Sponsor - Ellis) H.B. No. 1646
(In the Senate - Received from the House May 16, 2011;
May 16, 2011, read first time and referred to Committee on Criminal
Justice; May 23, 2011, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
May 23, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1646 By: Ellis
A BILL TO BE ENTITLED
AN ACT
relating to representation of certain applicants for writs of
habeas corpus in cases involving the death penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 6, Article 11.071, Code of Criminal
Procedure, is amended by adding Subsections (b-1) and (b-2) to read
as follows:
(b-1) If the convicting court receives notice that the
requirements of Section 5(a) for consideration of a subsequent
application have been met and if the applicant has not elected to
proceed pro se and is not represented by retained counsel, the
convicting court shall appoint, in order of priority:
(1) the attorney who represented the applicant in the
proceedings under Section 5, if the attorney seeks the appointment;
(2) the office of capital writs, if the office
represented the applicant in the proceedings under Section 5 or
otherwise accepts the appointment; or
(3) counsel from a list of competent counsel
maintained by the presiding judges of the administrative judicial
regions under Section 78.056, Government Code, if the office of
capital writs:
(A) did not represent the applicant as described
by Subdivision (2); or
(B) does not accept or is prohibited from
accepting the appointment under Section 78.054, Government Code.
(b-2) Regardless of whether the subsequent application is
ultimately dismissed, compensation and reimbursement of expenses
for counsel appointed under Subsection (b-1) shall be provided as
described by Section 2, 2A, or 3, including compensation for time
previously spent and reimbursement of expenses previously incurred
with respect to the subsequent application.
SECTION 2. The change in law made by this Act applies to a
subsequent application for a writ of habeas corpus filed on or after
January 1, 2012. A subsequent application filed before January 1,
2012, is covered by the law in effect when the application was
filed, and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2011.
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