Texas 2013 - 83rd Regular

Texas Senate Bill SB592 Compare Versions

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1	1	By: Ellis, et al. S.B. No. 592
2	2	(Herrero)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the representation of indigent defendants in criminal
8	8	cases.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subsection (j), Article 26.04, Code of Criminal
11	11	Procedure, is amended to read as follows:
12	12	(j) An attorney appointed under this article shall:
13	13	(1) make every reasonable effort to contact the
14	14	defendant not later than the end of the first working day after the
15	15	date on which the attorney is appointed and to interview the
16	16	defendant as soon as practicable after the attorney is appointed;
17	17	(2) represent the defendant until charges are
18	18	dismissed, the defendant is acquitted, appeals are exhausted, or
19	19	the attorney is permitted or ordered by the court to withdraw as
20	20	counsel for the defendant after a finding of good cause is entered
21	21	on the record; [and]
22	22	(3) with respect to a defendant not represented by
23	23	other counsel, before withdrawing as counsel for the defendant
24	24	after a trial or the entry of a plea of guilty:
25	25	(A) advise the defendant of the defendant's right
26	26	to file a motion for new trial and a notice of appeal;
27	27	(B) if the defendant wishes to pursue either or
28	28	both remedies described by Paragraph (A), assist the defendant in
29	29	requesting the prompt appointment of replacement counsel; and
30	30	(C) if replacement counsel is not appointed
31	31	promptly and the defendant wishes to pursue an appeal, file a timely
32	32	notice of appeal; and
33	33	(4) not later than October 15 of each year and in the
34	34	form and manner prescribed by the Texas Indigent Defense
35	35	Commission, submit to the county information that describes the
36	36	attorney's caseload for the preceding fiscal year, including cases
37	37	taken on a retainer.
38	38	SECTION 2. Effective September 1, 2013, Subsection (a),
39	39	Section 79.036, Government Code, is amended to read as follows:
40	40	(a) Not [In each county, not] later than November 1 of each
41	41	odd-numbered year and in the form and manner prescribed by the
42	42	commission, each county [the following information] shall prepare
43	43	[be prepared] and provide [provided] to the commission:
44	44	(1) a copy of all formal and informal rules and forms
45	45	that describe the procedures used in the county to provide indigent
46	46	defendants with counsel in accordance with the Code of Criminal
47	47	Procedure, including the schedule of fees required under Article
48	48	26.05 of that code;
49	49	(2) any plan or proposal submitted to the
50	50	commissioners court under Article 26.044, Code of Criminal
51	51	Procedure;
52	52	(3) any plan of operation submitted to the
53	53	commissioners court under Article 26.047, Code of Criminal
54	54	Procedure;
55	55	(4) any contract for indigent defense services
56	56	required under rules adopted by the commission relating to a
57	57	contract defender program;
58	58	(5) [(2)] any revisions to rules, [or] forms, plans,
59	59	proposals, or contracts previously submitted under this section; or
60	60	(6) [(3)] verification that rules, [and] forms,
61	61	plans, proposals, or contracts previously submitted under this
62	62	section still remain in effect.
63	63	SECTION 3. Section 79.036, Government Code, is amended by
64	64	adding Subsection (a-1) to read as follows:
65	65	(a-1) Not later than November 1 of each year and in the form
66	66	and manner prescribed by the commission, each county shall prepare
67	67	and provide to the commission information that describes for the
68	68	preceding fiscal year the caseloads of attorneys receiving
69	69	appointments under Article 26.04, Code of Criminal Procedure.
70	70	SECTION 4. (a) This section takes effect September 1,
71	71	2013.
72	72	(b) Not later than September 1, 2014, the Texas Indigent
73	73	Defense Commission shall conduct and publish a study for the
74	74	purpose of determining guidelines for establishing a maximum
75	75	allowable caseload for a criminal defense attorney that, when the
76	76	attorney's total caseload, including appointments made under
77	77	Article 26.04, Code of Criminal Procedure, appointments made under
78	78	Title 3, Family Code, and other work, is considered, allows the
79	79	attorney to give each indigent defendant the time and effort
80	80	necessary to ensure effective representation. The study must be
81	81	based on relevant policies, performance guidelines, and best
82	82	practices.
83	83	(c) In conducting the study under Subsection (b) of this
84	84	section, the commission shall consult with criminal defense
85	85	attorneys, criminal defense attorney associations, the judiciary,
86	86	and any other organization engaged in the development of criminal
87	87	indigent defense policy that the commission considers appropriate.
88	88	SECTION 5. The change in law made by this Act applies only
89	89	to a criminal proceeding that commences on or after the effective
90	90	date of this Act. A criminal proceeding that commences before the
91	91	effective date of this Act is governed by the law in effect when the
92	92	proceeding commenced, and the former law is continued in effect for
93	93	that purpose.
94	94	SECTION 6. Except as otherwise provided by this Act, this
95	95	Act takes effect September 1, 2014.