Texas 2011 - 82nd Regular

Texas Senate Bill SB170

Filed
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the reorganization of powers and duties among agencies in this state that provide representation to indigent defendants in criminal cases and to the reorganization of funding sources for indigent defense.

Impact

The impact of SB170 on state law is significant, as it seeks to standardize and improve the mechanisms through which indigent defense is provided across Texas. By creating a dedicated commission, the bill facilitates better oversight and management of indigent defense resources. Furthermore, it aims to streamline funding sources and promote best practices for effective representation, potentially enhancing the overall integrity of the Texas criminal justice system. The establishment of the Fair Defense Account will allow for targeted financial support to ensure that indigent defendants can access necessary legal resources.

Summary

SB170 aims to reorganize and enhance the legal representation provided to indigent defendants in Texas. This legislation establishes the Texas Indigent Defense Commission as a governing body responsible for overseeing the delivery of legal services to those unable to afford private counsel. The bill outlines the definitions, structure, and operational guidelines for assigned counsel programs, public defender offices, and contract defender programs, ensuring that indigent defendants receive competent legal representation during criminal proceedings.

Contention

Noteworthy points of contention surrounding SB170 include concerns regarding the adequacy of funding for indigent defense, as well as the effectiveness of the oversight mechanisms proposed in the bill. Some critics argue that without sufficient funding and resources, the reforms may not substantially improve the quality of legal representation for indigent defendants. Additionally, there may be debates on the degree of autonomy and authority allocated to the newly established commission and its impact on local indigent defense policies.

Implementation

The implementation of SB170 will require coordination between various governmental entities, including the Governor's Office, the Texas Judicial Council, and local commissioners' courts. The bill mandates that counties adopt a reporting plan to detail expenditures related to indigent defense, which will facilitate oversight and accountability across the state. Reports submitted by counties will provide data that the Texas Indigent Defense Commission can use to monitor compliance with state law and investigate the effectiveness of the new policies.

Companion Bills

TX HB1754

Similar Relating to the reorganization of powers and duties among agencies in this state that provide representation to indigent defendants in criminal cases and to the reorganization of funding sources for indigent defense.

Similar Bills

TX HB1754

Relating to the reorganization of powers and duties among agencies in this state that provide representation to indigent defendants in criminal cases and to the reorganization of funding sources for indigent defense.

TX HB1528

Relating to magistration proceedings for criminal defendants and the retention of related records, to services and representation provided to indigent criminal defendants and indigent juveniles, and to the governance and administration of the Texas Indigent Defense Commission.

TX HB4915

Relating to legal representation of indigent persons in this state and to proceedings before a magistrate including the appointment of counsel for an indigent defendant.

TX SB2111

Relating to legal representation of indigent persons in this state and to proceedings before a magistrate including the appointment of counsel for an indigent defendant.

TX SB1322

Relating to indigent defense.

TX SB780

Relating to the prioritization of certain available legal defense services when appointing representation for an indigent defendant in a criminal case.

TX HB416

Relating to the appointment of attorneys representing indigent defendants in criminal proceedings.