| 1 | 1 | | 85R1143 KJE-D |
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| 2 | 2 | | By: Dutton H.B. No. 609 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the representation of a defendant in certain criminal |
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| 8 | 8 | | proceedings in populous counties. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 15, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 15.171 to read as follows: |
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| 12 | 12 | | Art. 15.171. REPRESENTATION IN POPULOUS COUNTIES. (a) |
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| 13 | 13 | | This article applies only to a county with a population of more than |
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| 14 | 14 | | three million. |
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| 15 | 15 | | (b) Notwithstanding any other law, an arrested person who is |
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| 16 | 16 | | taken before a magistrate as required by Article 14.06(a), |
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| 17 | 17 | | 15.17(a), or 15.18(a) shall be represented by the public defender's |
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| 18 | 18 | | office for the county in which the magistrate is located for |
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| 19 | 19 | | purposes of the person's appearance before the magistrate unless |
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| 20 | 20 | | the person: |
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| 21 | 21 | | (1) has retained counsel to represent the person at |
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| 22 | 22 | | the appearance; or |
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| 23 | 23 | | (2) voluntarily and intelligently waives, in writing, |
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| 24 | 24 | | the right to counsel. |
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| 25 | 25 | | (c) If a person represented by the public defender's office |
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| 26 | 26 | | under this article is not indigent, the judge presiding over the |
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| 27 | 27 | | person's case shall order the person to pay the costs of the |
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| 28 | 28 | | office's services as provided by Article 26.05(g). |
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| 29 | 29 | | SECTION 2. The change in law made by this Act applies only |
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| 30 | 30 | | to a person who is arrested on or after the effective date of this |
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| 31 | 31 | | Act. A person arrested before the effective date of this Act is |
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| 32 | 32 | | governed by the law in effect on the date the person was arrested, |
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| 33 | 33 | | and the former law is continued in effect for that purpose. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2017. |
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