| 1 | 1 | | By: Hinojosa, et al. S.B. No. 780 |
|---|
| 2 | 2 | | (Munoz, Jr.) |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the prioritization of certain available legal defense |
|---|
| 8 | 8 | | services when appointing representation for an indigent defendant |
|---|
| 9 | 9 | | in a criminal case. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Subsections (f), (h), and (i), Article 26.04, |
|---|
| 12 | 12 | | Code of Criminal Procedure, are amended to read as follows: |
|---|
| 13 | 13 | | (f) In a county in which a public defender's office is |
|---|
| 14 | 14 | | created or designated under Article 26.044, the court or the |
|---|
| 15 | 15 | | courts' designee shall give priority in appointing [may appoint] |
|---|
| 16 | 16 | | that office to represent the defendant. The court is not required |
|---|
| 17 | 17 | | to make an appointment under this subsection if: |
|---|
| 18 | 18 | | (1) the court has reason to appoint other counsel; or |
|---|
| 19 | 19 | | (2) a managed assigned counsel program also exists in |
|---|
| 20 | 20 | | the county and an attorney will be appointed under that program [in |
|---|
| 21 | 21 | | accordance with guidelines established for the office]. |
|---|
| 22 | 22 | | (h) Subject to Subsection (f), in [In] a county in which an |
|---|
| 23 | 23 | | alternative program for appointing counsel is established as |
|---|
| 24 | 24 | | provided by Subsection (g) and is approved by the presiding judge of |
|---|
| 25 | 25 | | the administrative judicial region, a court or the courts' designee |
|---|
| 26 | 26 | | may appoint an attorney to represent an indigent defendant by using |
|---|
| 27 | 27 | | the alternative program. In establishing an alternative program |
|---|
| 28 | 28 | | under Subsection (g), the judges of the courts establishing the |
|---|
| 29 | 29 | | program may not, without the approval of the commissioners court, |
|---|
| 30 | 30 | | obligate the county by contract or by the creation of new positions |
|---|
| 31 | 31 | | that cause an increase in expenditure of county funds. |
|---|
| 32 | 32 | | (i) Subject to Subsection (f), a [A] court or the courts' |
|---|
| 33 | 33 | | designee required under Subsection (c) to appoint an attorney to |
|---|
| 34 | 34 | | represent a defendant accused or convicted of a felony may appoint |
|---|
| 35 | 35 | | an attorney from any county located in the court's administrative |
|---|
| 36 | 36 | | judicial region. |
|---|
| 37 | 37 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 38 | 38 | | to a criminal proceeding that commences on or after the effective |
|---|
| 39 | 39 | | date of this Act. A criminal proceeding that commences before the |
|---|
| 40 | 40 | | effective date of this Act is governed by the law in effect when the |
|---|
| 41 | 41 | | proceeding commenced, and the former law is continued in effect for |
|---|
| 42 | 42 | | that purpose. |
|---|
| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2013. |
|---|