86R11846 AJZ-F
By: Sherman, Sr. H.B. No. 3827
A BILL TO BE ENTITLED
AN ACT
relating to the procedures for appointing counsel to represent
indigent defendants in certain post-conviction proceedings in
capital cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2, Article 11.071, Code of Criminal
Procedure, is amended by amending Subsections (b), (c), and (f) and
adding Subsections (d) and (d-1) to read as follows:
(b) If a defendant is sentenced to death the convicting
court, immediately after judgment is entered under Article 42.01,
shall determine if the defendant is indigent and, if so, whether the
defendant desires appointment of counsel for the purpose of a writ
of habeas corpus. If the defendant has not elected to proceed pro
se, is not represented by retained counsel, and desires appointment
of counsel for the purpose of a writ of habeas corpus, the court
shall appoint counsel [the office of capital and forensic writs] to
represent the defendant as provided by Subsection (c).
(c) At the earliest practical time, but in no event later
than 30 days, after the convicting court makes the findings
required under Subsections (a) and (b), the convicting court shall
appoint the office of capital and forensic writs unless [or, if] the
office of capital and forensic writs does not accept or is
prohibited from accepting an appointment under Section 78.054,
Government Code, or the convicting court determines good cause
exists for appointment of other counsel. If the office of capital
and forensic writs is not appointed under this subsection, the
convicting court shall appoint other competent counsel under
Subsection (d) [(f), unless the applicant elects to proceed pro se
or is represented by retained counsel].
(d) If the office of capital and forensic writs does not
accept or is prohibited from accepting an appointment under Section
78.054, Government Code, or the convicting court determines good
cause exists for appointment of other counsel, the convicting court
shall appoint counsel from a list of competent counsel maintained
by the presiding judges of the administrative judicial regions
under Section 78.056, Government Code.
(d-1) On appointing counsel under this section, the
convicting court shall immediately notify the court of criminal
appeals of the appointment, including in the notice a copy of the
judgment and the name, address, and telephone number of the
appointed counsel.
(f) [If the office of capital and forensic writs does not
accept or is prohibited from accepting an appointment under Section
78.054, Government Code, the convicting court shall appoint counsel
from a list of competent counsel maintained by the presiding judges
of the administrative judicial regions under Section 78.056,
Government Code.] The convicting court shall reasonably compensate
as provided by Section 2A an attorney appointed under this section,
other than an attorney employed by the office of capital and
forensic writs, regardless of whether the attorney is appointed by
the convicting court or was appointed by the court of criminal
appeals under prior law. An attorney appointed under this section
who is employed by the office of capital and forensic writs shall be
compensated in accordance with Subchapter B, Chapter 78, Government
Code.
SECTION 2. Section 6(b-1), Article 11.071, Code of Criminal
Procedure, is amended to read as follows:
(b-1) If the convicting court receives notice that the
requirements of Section 5(a) for consideration of a subsequent
application have been met and if the applicant has not elected to
proceed pro se and is not represented by retained counsel, the
convicting court shall appoint, in order of priority:
(1) the attorney who represented the applicant in the
proceedings under Section 5, if the attorney seeks the appointment
and is otherwise competent for that purpose;
(2) the office of capital and forensic writs, if the
office represented the applicant in the proceedings under Section 5
or otherwise accepts the appointment in accordance with Chapter 78,
Government Code; or
(3) counsel from a list of competent counsel
maintained by the presiding judges of the administrative judicial
regions under Section 78.056, Government Code, if counsel is not
appointed under Subdivision (1) or (2) or if the convicting court
determines good cause exists for appointment of counsel other than
counsel described by those subdivisions [the office of capital and
forensic writs:
[(A) did not represent the applicant as described
by Subdivision (2); or
[(B) does not accept or is prohibited from
accepting the appointment under Section 78.054, Government Code].
SECTION 3. This Act takes effect September 1, 2019.