By: Dominguez H.B. No. 1457
A BILL TO BE ENTITLED
AN ACT
relating to attorneys representing indigent defendants in certain
criminal proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 26.04, Code of Criminal Procedure, is
amended by adding Subsection (i-1) to read as follows:
(i-1) Notwithstanding Subsection (j)(2) or any other law,
an attorney may be appointed under this article to represent an
indigent person for the sole purpose of providing counsel in
relation to that person's appearance before a magistrate as
required by Article 14.06(a), 15.17(a), or 15.18(a). The attorney
may continue to represent the person following the proceeding if
appointed for that purpose under the other provisions of this
article.
SECTION 2. Article 26.044, Code of Criminal Procedure, is
amended by adding Subsection (i-1) to read as follows:
(i-1) Notwithstanding Subsection (i)(1), an attorney
engaged in the private practice of criminal law may be employed by a
public defender's office on a part-time basis for the sole purpose
of providing counsel in relation to an indigent person's appearance
before a magistrate as required by Article 14.06(a), 15.17(a), or
15.18(a).
SECTION 3. The change in law made by this Act to Article
26.04, Code of Criminal Procedure, applies only to a person who is
arrested on or after the effective date of this Act. A person
arrested before the effective date of this Act is governed by the
law in effect on the date the person was arrested, and the former
law is continued in effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.