By: Ellis, et al. S.B. No. 592
(Herrero)
A BILL TO BE ENTITLED
AN ACT
relating to the representation of indigent defendants in criminal
cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (j), Article 26.04, Code of Criminal
Procedure, is amended to read as follows:
(j) An attorney appointed under this article shall:
(1) make every reasonable effort to contact the
defendant not later than the end of the first working day after the
date on which the attorney is appointed and to interview the
defendant as soon as practicable after the attorney is appointed;
(2) represent the defendant until charges are
dismissed, the defendant is acquitted, appeals are exhausted, or
the attorney is permitted or ordered by the court to withdraw as
counsel for the defendant after a finding of good cause is entered
on the record; [and]
(3) with respect to a defendant not represented by
other counsel, before withdrawing as counsel for the defendant
after a trial or the entry of a plea of guilty:
(A) advise the defendant of the defendant's right
to file a motion for new trial and a notice of appeal;
(B) if the defendant wishes to pursue either or
both remedies described by Paragraph (A), assist the defendant in
requesting the prompt appointment of replacement counsel; and
(C) if replacement counsel is not appointed
promptly and the defendant wishes to pursue an appeal, file a timely
notice of appeal; and
(4) not later than October 15 of each year and in the
form and manner prescribed by the Texas Indigent Defense
Commission, submit to the county information that describes the
attorney's caseload for the preceding fiscal year, including cases
taken on a retainer.
SECTION 2. Effective September 1, 2013, Subsection (a),
Section 79.036, Government Code, is amended to read as follows:
(a) Not [In each county, not] later than November 1 of each
odd-numbered year and in the form and manner prescribed by the
commission, each county [the following information] shall prepare
[be prepared] and provide [provided] to the commission:
(1) a copy of all formal and informal rules and forms
that describe the procedures used in the county to provide indigent
defendants with counsel in accordance with the Code of Criminal
Procedure, including the schedule of fees required under Article
26.05 of that code;
(2) any plan or proposal submitted to the
commissioners court under Article 26.044, Code of Criminal
Procedure;
(3) any plan of operation submitted to the
commissioners court under Article 26.047, Code of Criminal
Procedure;
(4) any contract for indigent defense services
required under rules adopted by the commission relating to a
contract defender program;
(5) [(2)] any revisions to rules, [or] forms, plans,
proposals, or contracts previously submitted under this section; or
(6) [(3)] verification that rules, [and] forms,
plans, proposals, or contracts previously submitted under this
section still remain in effect.
SECTION 3. Section 79.036, Government Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) Not later than November 1 of each year and in the form
and manner prescribed by the commission, each county shall prepare
and provide to the commission information that describes for the
preceding fiscal year the caseloads of attorneys receiving
appointments under Article 26.04, Code of Criminal Procedure.
SECTION 4. (a) This section takes effect September 1,
2013.
(b) Not later than September 1, 2014, the Texas Indigent
Defense Commission shall conduct and publish a study for the
purpose of determining guidelines for establishing a maximum
allowable caseload for a criminal defense attorney that, when the
attorney's total caseload, including appointments made under
Article 26.04, Code of Criminal Procedure, appointments made under
Title 3, Family Code, and other work, is considered, allows the
attorney to give each indigent defendant the time and effort
necessary to ensure effective representation. The study must be
based on relevant policies, performance guidelines, and best
practices.
(c) In conducting the study under Subsection (b) of this
section, the commission shall consult with criminal defense
attorneys, criminal defense attorney associations, the judiciary,
and any other organization engaged in the development of criminal
indigent defense policy that the commission considers appropriate.
SECTION 5. The change in law made by this Act applies only
to a criminal proceeding that commences on or after the effective
date of this Act. A criminal proceeding that commences before the
effective date of this Act is governed by the law in effect when the
proceeding commenced, and the former law is continued in effect for
that purpose.
SECTION 6. Except as otherwise provided by this Act, this
Act takes effect September 1, 2014.