By: Hinojosa, Garcia S.B. No. 780
A BILL TO BE ENTITLED
AN ACT
relating to the prioritization of certain available legal defense
services when appointing representation for an indigent defendant
in a criminal case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (f), (h), and (i), Article 26.04,
Code of Criminal Procedure, are amended to read as follows:
(f) In a county in which a public defender's office is
created or designated under Article 26.044, the court or the
courts' designee shall give priority in appointing [may appoint]
that office to represent the defendant. The court is not required
to make an appointment under this subsection if:
(1) the court has reason to appoint other counsel; or
(2) a managed assigned counsel program also exists in
the county and an attorney will be appointed under that program [in
accordance with guidelines established for the office].
(h) Subject to Subsection (f), in [In] a county in which an
alternative program for appointing counsel is established as
provided by Subsection (g) and is approved by the presiding judge of
the administrative judicial region, a court or the courts' designee
may appoint an attorney to represent an indigent defendant by using
the alternative program. In establishing an alternative program
under Subsection (g), the judges of the courts establishing the
program may not, without the approval of the commissioners court,
obligate the county by contract or by the creation of new positions
that cause an increase in expenditure of county funds.
(i) Subject to Subsection (f), a [A] court or the courts'
designee required under Subsection (c) to appoint an attorney to
represent a defendant accused or convicted of a felony may appoint
an attorney from any county located in the court's administrative
judicial region.
SECTION 2. 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 3. This Act takes effect September 1, 2013.