| 1 | 1 | | 83R11124 JRH-D |
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| 2 | 2 | | By: Alonzo H.B. No. 3207 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of public defenders to refuse to accept |
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| 8 | 8 | | indigent defense appointments for good cause. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 26.044, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by amending Subsection (j) and adding Subsections (j-1) and |
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| 12 | 12 | | (j-2) to read as follows: |
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| 13 | 13 | | (j) A public defender's office may not accept an appointment |
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| 14 | 14 | | under Article 26.04(f) if: |
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| 15 | 15 | | (1) a conflict of interest exists that has not been |
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| 16 | 16 | | waived by the client; |
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| 17 | 17 | | (2) the public defender's office has insufficient |
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| 18 | 18 | | resources to provide adequate representation for the defendant; |
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| 19 | 19 | | (3) the public defender's office is incapable of |
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| 20 | 20 | | providing representation for the defendant in accordance with the |
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| 21 | 21 | | rules of professional conduct; |
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| 22 | 22 | | (4) the acceptance of the appointment would violate |
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| 23 | 23 | | the maximum allowable caseloads established at the public |
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| 24 | 24 | | defender's office; or |
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| 25 | 25 | | (5) [(4)] the public defender's office shows other |
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| 26 | 26 | | good cause for not accepting the appointment. |
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| 27 | 27 | | (j-1) On refusing an appointment under Subsection (j), a |
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| 28 | 28 | | chief public defender shall file with the court a written statement |
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| 29 | 29 | | that identifies any reason for refusing the appointment. The court |
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| 30 | 30 | | shall determine whether the chief public defender has demonstrated |
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| 31 | 31 | | adequate good cause for refusing the appointment and shall include |
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| 32 | 32 | | the statement with the papers in the case. |
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| 33 | 33 | | (j-2) A chief public defender may not be terminated, |
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| 34 | 34 | | removed, or sanctioned for refusing in good faith to accept an |
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| 35 | 35 | | appointment under Subsection (j). |
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| 36 | 36 | | SECTION 2. This Act takes effect September 1, 2013. |
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