By: Guillen (Senate Sponsor - Ellis) H.B. No. 577
(In the Senate - Received from the House May 10, 2013;
May 10, 2013, read first time and referred to Committee on Criminal
Justice; May 17, 2013, reported favorably by the following vote:
Yeas 7, Nays 0; May 17, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the 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. Article 26.044(n), Code of Criminal Procedure,
is amended to read as follows:
(n) An attorney employed by a public defender's office may
be appointed with respect to an application for a writ of habeas
corpus filed under Article 11.071 only if:
(1) an attorney employed by the office of capital
writs is not appointed in the case; and
(2) the attorney employed by the public defender's
office is on the list of competent counsel maintained under Section
78.056, Government Code.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
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