| 6 | 4 | | AN ACT |
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| 7 | 5 | | relating to the prioritization of certain available legal defense |
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| 8 | 6 | | services when appointing representation for an indigent defendant |
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| 9 | 7 | | in a criminal case. |
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| 10 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 9 | | SECTION 1. Articles 26.04(f), (h), and (i), Code of |
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| 12 | 10 | | Criminal Procedure, are amended to read as follows: |
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| 13 | 11 | | (f) In a county in which a public defender's office is |
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| 14 | 12 | | created or designated under Article 26.044, the court or the |
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| 15 | 13 | | courts' designee shall give priority in appointing [may appoint] |
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| 16 | 14 | | that office to represent the defendant. However, the court is not |
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| 17 | 15 | | required to appoint the public defender's office if: |
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| 18 | 16 | | (1) the court has reason to appoint other counsel; or |
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| 19 | 17 | | (2) a managed assigned counsel program also exists in |
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| 20 | 18 | | the county and an attorney will be appointed under that program [in |
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| 21 | 19 | | accordance with guidelines established for the office]. |
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| 22 | 20 | | (h) Subject to Subsection (f), in [In] a county in which an |
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| 23 | 21 | | alternative program for appointing counsel is established as |
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| 24 | 22 | | provided by Subsection (g) and is approved by the presiding judge of |
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| 25 | 23 | | the administrative judicial region, a court or the courts' designee |
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| 26 | 24 | | may appoint an attorney to represent an indigent defendant by using |
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| 27 | 25 | | the alternative program. In establishing an alternative program |
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| 28 | 26 | | under Subsection (g), the judges of the courts establishing the |
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| 29 | 27 | | program may not, without the approval of the commissioners court, |
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| 30 | 28 | | obligate the county by contract or by the creation of new positions |
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| 31 | 29 | | that cause an increase in expenditure of county funds. |
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| 32 | 30 | | (i) Subject to Subsection (f), a [A] court or the courts' |
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| 33 | 31 | | designee required under Subsection (c) to appoint an attorney to |
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| 34 | 32 | | represent a defendant accused or convicted of a felony may appoint |
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| 35 | 33 | | an attorney from any county located in the court's administrative |
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| 36 | 34 | | judicial region. |
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| 37 | 35 | | SECTION 2. The change in law made by this Act applies only |
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| 38 | 36 | | to a criminal proceeding that commences on or after the effective |
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| 39 | 37 | | date of this Act. A criminal proceeding that commences before the |
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| 40 | 38 | | effective date of this Act is governed by the law in effect when the |
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| 41 | 39 | | proceeding commenced, and the former law is continued in effect for |
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| 42 | 40 | | that purpose. |
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| 43 | 41 | | SECTION 3. This Act takes effect September 1, 2015. |
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| 42 | + | ______________________________ ______________________________ |
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| 43 | + | President of the Senate Speaker of the House |
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| 44 | + | I hereby certify that S.B. No. 316 passed the Senate on |
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| 45 | + | March 23, 2015, by the following vote: Yeas 31, Nays 0. |
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| 46 | + | ______________________________ |
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| 47 | + | Secretary of the Senate |
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| 48 | + | I hereby certify that S.B. No. 316 passed the House on |
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| 49 | + | May 24, 2015, by the following vote: Yeas 138, Nays 2, two |
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| 50 | + | present not voting. |
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| 51 | + | ______________________________ |
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| 52 | + | Chief Clerk of the House |
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| 53 | + | Approved: |
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| 54 | + | ______________________________ |
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| 55 | + | Date |
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| 56 | + | ______________________________ |
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| 57 | + | Governor |
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