Texas 2017 - 85th Regular

Texas Senate Bill SB1741 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R12091 SMT-F
2	2	By: Miles S.B. No. 1741
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to attorneys in certain counties who are qualified for
8	8	appointment to represent a defendant with a mental illness.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Articles 26.04(e) and (g), Code of Criminal
11	11	Procedure, are amended to read as follows:
12	12	(e) In a county in which a court is required under
13	13	Subsection (a) to appoint an attorney from a public appointment
14	14	list:
15	15	(1) the judges of the county courts and statutory
16	16	county courts trying misdemeanor cases in the county, by formal
17	17	action:
18	18	(A) shall:
19	19	(i) establish a public appointment list of
20	20	attorneys qualified to provide representation in the county in
21	21	misdemeanor cases punishable by confinement, including, in a county
22	22	with a population of 250,000 or more, a separate appointment list of
23	23	attorneys qualified to represent a defendant with a mental illness;
24	24	and
25	25	(ii) specify the objective qualifications
26	26	necessary for an attorney to be included on a [the] list under
27	27	Subparagraph (i); and
28	28	(B) may establish, if determined by the judges to
29	29	be appropriate, more than one appointment list graduated according
30	30	to the degree of seriousness of the offense, the attorneys'
31	31	qualifications, and whether representation will be provided in
32	32	trial court proceedings, appellate proceedings, or both; and
33	33	(2) the judges of the district courts trying felony
34	34	cases in the county, by formal action:
35	35	(A) shall:
36	36	(i) establish a public appointment list of
37	37	attorneys qualified to provide representation in felony cases in
38	38	the county, including, in a county with a population of 250,000 or
39	39	more, a separate appointment list of attorneys qualified to
40	40	represent a defendant with a mental illness; and
41	41	(ii) specify the objective qualifications
42	42	necessary for an attorney to be included on a [the] list under
43	43	Subparagraph (i); and
44	44	(B) may establish, if determined by the judges to
45	45	be appropriate, more than one appointment list graduated according
46	46	to the degree of seriousness of the offense, the attorneys'
47	47	qualifications, and whether representation will be provided in
48	48	trial court proceedings, appellate proceedings, or both.
49	49	(g) A countywide alternative program for appointing counsel
50	50	for indigent defendants in criminal cases is established by a
51	51	formal action in which two-thirds of the judges of the courts
52	52	designated under this subsection vote to establish the alternative
53	53	program. An alternative program for appointing counsel in
54	54	misdemeanor and felony cases may be established in the manner
55	55	provided by this subsection by the judges of the county courts,
56	56	statutory county courts, and district courts trying criminal cases
57	57	in the county. An alternative program for appointing counsel in
58	58	misdemeanor cases may be established in the manner provided by this
59	59	subsection by the judges of the county courts and statutory county
60	60	courts trying criminal cases in the county. An alternative program
61	61	for appointing counsel in felony cases may be established in the
62	62	manner provided by this subsection by the judges of the district
63	63	courts trying criminal cases in the county. In a county in which an
64	64	alternative program is established:
65	65	(1) the alternative program may:
66	66	(A) use a single method for appointing counsel or
67	67	a combination of methods; and
68	68	(B) use a multicounty appointment list using a
69	69	system of rotation; and
70	70	(2) the procedures adopted under Subsection (a) must
71	71	ensure that:
72	72	(A) attorneys appointed using the alternative
73	73	program to represent defendants in misdemeanor cases punishable by
74	74	confinement:
75	75	(i) meet specified objective
76	76	qualifications for that representation, which may be graduated
77	77	according to the degree of seriousness of the offense and whether
78	78	representation will be provided in trial court proceedings,
79	79	appellate proceedings, or both;
80	80	(ii) in a county with a population of
81	81	250,000 or more, meet specified objective qualifications to
82	82	represent a defendant with a mental illness; and
83	83	(iii) [(ii)] are approved by a majority of
84	84	the judges of the county courts and statutory county courts trying
85	85	misdemeanor cases in the county;
86	86	(B) attorneys appointed using the alternative
87	87	program to represent defendants in felony cases:
88	88	(i) meet specified objective
89	89	qualifications for that representation, which may be graduated
90	90	according to the degree of seriousness of the offense and whether
91	91	representation will be provided in trial court proceedings,
92	92	appellate proceedings, or both;
93	93	(ii) in a county with a population of
94	94	250,000 or more, meet specified objective qualifications to
95	95	represent a defendant with a mental illness; and
96	96	(iii) [(ii)] are approved by a majority of
97	97	the judges of the district courts trying felony cases in the county;
98	98	(C) appointments for defendants in capital cases
99	99	in which the death penalty is sought comply with the requirements of
100	100	Article 26.052; and
101	101	(D) appointments are reasonably and impartially
102	102	allocated among qualified attorneys.
103	103	SECTION 2. Not later than December 1, 2017, the judges of
104	104	the county courts, statutory county courts, and district courts in
105	105	each county with a population of 250,000 or more shall update an
106	106	appointment list or alternative program for appointing counsel, as
107	107	applicable, to comply with Articles 26.04(e) and (g), Code of
108	108	Criminal Procedure, as amended by this Act.
109	109	SECTION 3. This Act takes effect September 1, 2017.