| Old | New | Differences | |
|---|---|---|---|
| 1 | + | 86R5964 ADM-D | |
| 1 | 2 | By: Dominguez H.B. No. 1457 | |
| 2 | 3 | ||
| 3 | 4 | ||
| 4 | 5 | A BILL TO BE ENTITLED | |
| 5 | 6 | AN ACT | |
| 6 | - | relating to attorneys | |
| 7 | - | | |
| 7 | + | relating to the eligibility of certain attorneys to be employed by a | |
| 8 | + | public defender's office. | |
| 8 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 9 | - | SECTION 1. Article 26.04, Code of Criminal Procedure, is | |
| 10 | - | amended by adding Subsection (i-1) to read as follows: | |
| 11 | - | (i-1) Notwithstanding Subsection (j)(2) or any other law, | |
| 12 | - | an attorney may be appointed under this article to represent an | |
| 13 | - | indigent person for the sole purpose of providing counsel in | |
| 14 | - | relation to that person's appearance before a magistrate as | |
| 15 | - | required by Article 14.06(a), 15.17(a), or 15.18(a). The attorney | |
| 16 | - | may continue to represent the person following the proceeding if | |
| 17 | - | appointed for that purpose under the other provisions of this | |
| 18 | - | article. | |
| 19 | - | SECTION 2. Article 26.044, Code of Criminal Procedure, is | |
| 10 | + | SECTION 1. Article 26.044, Code of Criminal Procedure, is | |
| 20 | 11 | amended by adding Subsection (i-1) to read as follows: | |
| 21 | 12 | (i-1) Notwithstanding Subsection (i)(1), an attorney | |
| 22 | 13 | engaged in the private practice of criminal law may be employed by a | |
| 23 | 14 | public defender's office on a part-time basis for the sole purpose | |
| 24 | 15 | of providing counsel in relation to an indigent person's appearance | |
| 25 | 16 | before a magistrate as required by Article 14.06(a), 15.17(a), or | |
| 26 | 17 | 15.18(a). | |
| 27 | - | SECTION 3. The change in law made by this Act to Article | |
| 28 | - | 26.04, Code of Criminal Procedure, applies only to a person who is | |
| 29 | - | arrested on or after the effective date of this Act. A person | |
| 30 | - | arrested before the effective date of this Act is governed by the | |
| 31 | - | law in effect on the date the person was arrested, and the former | |
| 32 | - | law is continued in effect for that purpose. | |
| 33 | - | SECTION 4. This Act takes effect immediately if it receives | |
| 18 | + | SECTION 2. This Act takes effect immediately if it receives | |
| 34 | 19 | a vote of two-thirds of all the members elected to each house, as | |
| 35 | 20 | provided by Section 39, Article III, Texas Constitution. If this | |
| 36 | 21 | Act does not receive the vote necessary for immediate effect, this | |
| 37 | 22 | Act takes effect September 1, 2019. |