BILL ANALYSIS H.B. 577 By: Guillen Criminal Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Current Texas law authorizes the appointment of an attorney employed by a public defender's office with respect to an application for a writ of habeas corpus only if an attorney employed by the office of capital writs is not appointed in the case and the attorney employed by the public defender's office is on the list of competent counsel available for appointment maintained by the presiding judges of the administrative judicial regions. These conditions currently refer only to capital writs. In an effort to update statutory language, H.B. 577 seeks to clarify the applicability of provisions regarding the representation of certain applicants for a writ of habeas corpus in a death penalty case. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 577 amends the Code of Criminal Procedure to clarify that the statutory provision authorizing the appointment of an attorney employed by a public defender's office with respect to an application for a writ of habeas corpus if certain conditions exist applies with respect to an application for such a writ filed in a death penalty case. EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2013.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 577
By: Guillen
Criminal Jurisprudence
Committee Report (Unamended)
H.B. 577
By: Guillen
Criminal Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE Current Texas law authorizes the appointment of an attorney employed by a public defender's office with respect to an application for a writ of habeas corpus only if an attorney employed by the office of capital writs is not appointed in the case and the attorney employed by the public defender's office is on the list of competent counsel available for appointment maintained by the presiding judges of the administrative judicial regions. These conditions currently refer only to capital writs. In an effort to update statutory language, H.B. 577 seeks to clarify the applicability of provisions regarding the representation of certain applicants for a writ of habeas corpus in a death penalty case.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 577 amends the Code of Criminal Procedure to clarify that the statutory provision authorizing the appointment of an attorney employed by a public defender's office with respect to an application for a writ of habeas corpus if certain conditions exist applies with respect to an application for such a writ filed in a death penalty case.
EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2013.
BACKGROUND AND PURPOSE
Current Texas law authorizes the appointment of an attorney employed by a public defender's office with respect to an application for a writ of habeas corpus only if an attorney employed by the office of capital writs is not appointed in the case and the attorney employed by the public defender's office is on the list of competent counsel available for appointment maintained by the presiding judges of the administrative judicial regions. These conditions currently refer only to capital writs. In an effort to update statutory language, H.B. 577 seeks to clarify the applicability of provisions regarding the representation of certain applicants for a writ of habeas corpus in a death penalty case.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 577 amends the Code of Criminal Procedure to clarify that the statutory provision authorizing the appointment of an attorney employed by a public defender's office with respect to an application for a writ of habeas corpus if certain conditions exist applies with respect to an application for such a writ filed in a death penalty case.
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2013.