| 1 | 1 | | 86R6519 AJZ-D |
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| 2 | 2 | | By: Rose H.B. No. 3539 |
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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 appointment of a local public defender's office to |
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| 8 | 8 | | represent indigent defendants in criminal cases. |
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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. Article 26.04, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by amending Subsections (a) and (f) to read as follows: |
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| 12 | 12 | | (a) The judges of the county courts, statutory county |
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| 13 | 13 | | courts, and district courts trying criminal cases in each county, |
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| 14 | 14 | | by local rule, shall adopt and publish written countywide |
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| 15 | 15 | | procedures for timely and fairly appointing counsel for an indigent |
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| 16 | 16 | | defendant in the county arrested for, charged with, or taking an |
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| 17 | 17 | | appeal from a conviction of a misdemeanor punishable by confinement |
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| 18 | 18 | | or a felony. The procedures must be consistent with this article |
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| 19 | 19 | | and Articles 1.051, 15.17, 15.18, 26.05, and 26.052 and must |
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| 20 | 20 | | provide for the priority appointment of a public defender's office |
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| 21 | 21 | | as described by Subsection (f). A court shall appoint an attorney |
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| 22 | 22 | | from a public appointment list using a system of rotation, unless |
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| 23 | 23 | | the court appoints an attorney under Subsection (f), (f-1), (h), or |
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| 24 | 24 | | (i). The court shall appoint attorneys from among the next five |
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| 25 | 25 | | names on the appointment list in the order in which the attorneys' |
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| 26 | 26 | | names appear on the list, unless the court makes a finding of good |
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| 27 | 27 | | cause on the record for appointing an attorney out of order. An |
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| 28 | 28 | | attorney who is not appointed in the order in which the attorney's |
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| 29 | 29 | | name appears on the list shall remain next in order on the list. |
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| 30 | 30 | | (f) In a county with [in which] a public defender's office |
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| 31 | 31 | | [is created or designated under Article 26.044], the court or the |
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| 32 | 32 | | courts' designee shall give priority in appointing that office to |
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| 33 | 33 | | represent the defendant in the criminal proceeding, including a |
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| 34 | 34 | | proceeding in a capital murder case. However, the court is not |
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| 35 | 35 | | required to appoint the public defender's office if: |
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| 36 | 36 | | (1) the court makes a finding of good cause on the |
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| 37 | 37 | | record for appointing [has reason to appoint] other counsel; [or] |
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| 38 | 38 | | (2) the appointment would be contrary to the office's |
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| 39 | 39 | | written plan under Article 26.044; |
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| 40 | 40 | | (3) the office is prohibited from accepting the |
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| 41 | 41 | | appointment under Article 26.044(j); or |
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| 42 | 42 | | (4) a managed assigned counsel program also exists in |
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| 43 | 43 | | the county and an attorney will be appointed under that program. |
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| 44 | 44 | | SECTION 2. This Act takes effect September 1, 2019. |
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