85R12091 SMT-F
By: Miles S.B. No. 1741
A BILL TO BE ENTITLED
AN ACT
relating to attorneys in certain counties who are qualified for
appointment to represent a defendant with a mental illness.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 26.04(e) and (g), Code of Criminal
Procedure, are amended to read as follows:
(e) In a county in which a court is required under
Subsection (a) to appoint an attorney from a public appointment
list:
(1) the judges of the county courts and statutory
county courts trying misdemeanor cases in the county, by formal
action:
(A) shall:
(i) establish a public appointment list of
attorneys qualified to provide representation in the county in
misdemeanor cases punishable by confinement, including, in a county
with a population of 250,000 or more, a separate appointment list of
attorneys qualified to represent a defendant with a mental illness;
and
(ii) specify the objective qualifications
necessary for an attorney to be included on a [the] list under
Subparagraph (i); and
(B) may establish, if determined by the judges to
be appropriate, more than one appointment list graduated according
to the degree of seriousness of the offense, the attorneys'
qualifications, and whether representation will be provided in
trial court proceedings, appellate proceedings, or both; and
(2) the judges of the district courts trying felony
cases in the county, by formal action:
(A) shall:
(i) establish a public appointment list of
attorneys qualified to provide representation in felony cases in
the county, including, in a county with a population of 250,000 or
more, a separate appointment list of attorneys qualified to
represent a defendant with a mental illness; and
(ii) specify the objective qualifications
necessary for an attorney to be included on a [the] list under
Subparagraph (i); and
(B) may establish, if determined by the judges to
be appropriate, more than one appointment list graduated according
to the degree of seriousness of the offense, the attorneys'
qualifications, and whether representation will be provided in
trial court proceedings, appellate proceedings, or both.
(g) A countywide alternative program for appointing counsel
for indigent defendants in criminal cases is established by a
formal action in which two-thirds of the judges of the courts
designated under this subsection vote to establish the alternative
program. An alternative program for appointing counsel in
misdemeanor and felony cases may be established in the manner
provided by this subsection by the judges of the county courts,
statutory county courts, and district courts trying criminal cases
in the county. An alternative program for appointing counsel in
misdemeanor cases may be established in the manner provided by this
subsection by the judges of the county courts and statutory county
courts trying criminal cases in the county. An alternative program
for appointing counsel in felony cases may be established in the
manner provided by this subsection by the judges of the district
courts trying criminal cases in the county. In a county in which an
alternative program is established:
(1) the alternative program may:
(A) use a single method for appointing counsel or
a combination of methods; and
(B) use a multicounty appointment list using a
system of rotation; and
(2) the procedures adopted under Subsection (a) must
ensure that:
(A) attorneys appointed using the alternative
program to represent defendants in misdemeanor cases punishable by
confinement:
(i) meet specified objective
qualifications for that representation, which may be graduated
according to the degree of seriousness of the offense and whether
representation will be provided in trial court proceedings,
appellate proceedings, or both;
(ii) in a county with a population of
250,000 or more, meet specified objective qualifications to
represent a defendant with a mental illness; and
(iii) [(ii)] are approved by a majority of
the judges of the county courts and statutory county courts trying
misdemeanor cases in the county;
(B) attorneys appointed using the alternative
program to represent defendants in felony cases:
(i) meet specified objective
qualifications for that representation, which may be graduated
according to the degree of seriousness of the offense and whether
representation will be provided in trial court proceedings,
appellate proceedings, or both;
(ii) in a county with a population of
250,000 or more, meet specified objective qualifications to
represent a defendant with a mental illness; and
(iii) [(ii)] are approved by a majority of
the judges of the district courts trying felony cases in the county;
(C) appointments for defendants in capital cases
in which the death penalty is sought comply with the requirements of
Article 26.052; and
(D) appointments are reasonably and impartially
allocated among qualified attorneys.
SECTION 2. Not later than December 1, 2017, the judges of
the county courts, statutory county courts, and district courts in
each county with a population of 250,000 or more shall update an
appointment list or alternative program for appointing counsel, as
applicable, to comply with Articles 26.04(e) and (g), Code of
Criminal Procedure, as amended by this Act.
SECTION 3. This Act takes effect September 1, 2017.