82R8144 PEP-D
By: Larson H.B. No. 1918
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of counsel to represent an indigent
defendant in a capital case and to the reimbursement of certain
expenses incurred by appointed counsel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 26.052, Code of Criminal Procedure, is
amended by amending Subsections (e), (f), and (g) and adding
Subsections (e-1) and (e-2) to read as follows:
(e) The presiding judge of the district court in which a
capital felony case is filed shall appoint an attorney, who [two
attorneys, at least one of whom] must be qualified under this
chapter, to represent an indigent defendant as soon as practicable
after charges are filed[, unless the state gives notice in writing
that the state will not seek the death penalty]. Unless the state
files written notice in the case that the state will not seek the
death penalty, the judge shall appoint a second attorney to the case
on the earlier of:
(1) the date the state files written notice in the case
that the state will seek the death penalty; or
(2) the 90th day after the date on which the defendant
is charged with a capital offense by indictment or by complaint,
whichever occurs first.
(e-1) An attorney is not required to meet the standards
described by Subsection (d)(2) to be eligible for appointment as a
second attorney under Subsection (e).
(e-2) A case in which the state seeks the death penalty may
not proceed to trial on the merits before the 180th day after the
date on which a second attorney is appointed to the case under
Subsection (e). If, after the second attorney is appointed, the
state files written notice in the case that the state will not seek
the death penalty, the judge may remove the second attorney from the
case. The second attorney remains entitled to reasonable payment
for services rendered before removal in accordance with the local
guidelines for payment of an attorney appointed to represent a
defendant in a capital case.
(f) Appointed counsel may file with the trial court a
pretrial ex parte confidential request for advance payment of
expenses to investigate potential defenses and mitigation
evidence. The request for expenses must state:
(1) the type of investigation to be conducted;
(2) specific facts that suggest the investigation will
result in admissible evidence; and
(3) an itemized list of anticipated expenses for each
investigation.
(g) The court shall timely grant the request for advance
payment of expenses in whole or in part if the request is
reasonable. If the court denies in whole or in part the request for
expenses, the court shall:
(1) state the reasons for the denial in writing;
(2) attach the denial to the confidential request; and
(3) submit the request and denial as a sealed exhibit
to the record.
SECTION 2. The change in law made by this Act applies only
to a capital felony case that is filed on or after the effective
date of this Act. A capital felony case that is filed before the
effective date of this Act is governed by the law in effect on the
date the case was filed, and the former law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2011.