Texas 2019 - 86th Regular

Texas House Bill HB3827 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R11846 AJZ-F
2	2	By: Sherman, Sr. H.B. No. 3827
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the procedures for appointing counsel to represent
8	8	indigent defendants in certain post-conviction proceedings in
9	9	capital cases.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 2, Article 11.071, Code of Criminal
12	12	Procedure, is amended by amending Subsections (b), (c), and (f) and
13	13	adding Subsections (d) and (d-1) to read as follows:
14	14	(b) If a defendant is sentenced to death the convicting
15	15	court, immediately after judgment is entered under Article 42.01,
16	16	shall determine if the defendant is indigent and, if so, whether the
17	17	defendant desires appointment of counsel for the purpose of a writ
18	18	of habeas corpus. If the defendant has not elected to proceed pro
19	19	se, is not represented by retained counsel, and desires appointment
20	20	of counsel for the purpose of a writ of habeas corpus, the court
21	21	shall appoint counsel [the office of capital and forensic writs] to
22	22	represent the defendant as provided by Subsection (c).
23	23	(c) At the earliest practical time, but in no event later
24	24	than 30 days, after the convicting court makes the findings
25	25	required under Subsections (a) and (b), the convicting court shall
26	26	appoint the office of capital and forensic writs unless [or, if] the
27	27	office of capital and forensic writs does not accept or is
28	28	prohibited from accepting an appointment under Section 78.054,
29	29	Government Code, or the convicting court determines good cause
30	30	exists for appointment of other counsel. If the office of capital
31	31	and forensic writs is not appointed under this subsection, the
32	32	convicting court shall appoint other competent counsel under
33	33	Subsection (d) [(f), unless the applicant elects to proceed pro se
34	34	or is represented by retained counsel].
35	35	(d) If the office of capital and forensic writs does not
36	36	accept or is prohibited from accepting an appointment under Section
37	37	78.054, Government Code, or the convicting court determines good
38	38	cause exists for appointment of other counsel, the convicting court
39	39	shall appoint counsel from a list of competent counsel maintained
40	40	by the presiding judges of the administrative judicial regions
41	41	under Section 78.056, Government Code.
42	42	(d-1) On appointing counsel under this section, the
43	43	convicting court shall immediately notify the court of criminal
44	44	appeals of the appointment, including in the notice a copy of the
45	45	judgment and the name, address, and telephone number of the
46	46	appointed counsel.
47	47	(f) [If the office of capital and forensic writs does not
48	48	accept or is prohibited from accepting an appointment under Section
49	49	78.054, Government Code, the convicting court shall appoint counsel
50	50	from a list of competent counsel maintained by the presiding judges
51	51	of the administrative judicial regions under Section 78.056,
52	52	Government Code.] The convicting court shall reasonably compensate
53	53	as provided by Section 2A an attorney appointed under this section,
54	54	other than an attorney employed by the office of capital and
55	55	forensic writs, regardless of whether the attorney is appointed by
56	56	the convicting court or was appointed by the court of criminal
57	57	appeals under prior law. An attorney appointed under this section
58	58	who is employed by the office of capital and forensic writs shall be
59	59	compensated in accordance with Subchapter B, Chapter 78, Government
60	60	Code.
61	61	SECTION 2. Section 6(b-1), Article 11.071, Code of Criminal
62	62	Procedure, is amended to read as follows:
63	63	(b-1) If the convicting court receives notice that the
64	64	requirements of Section 5(a) for consideration of a subsequent
65	65	application have been met and if the applicant has not elected to
66	66	proceed pro se and is not represented by retained counsel, the
67	67	convicting court shall appoint, in order of priority:
68	68	(1) the attorney who represented the applicant in the
69	69	proceedings under Section 5, if the attorney seeks the appointment
70	70	and is otherwise competent for that purpose;
71	71	(2) the office of capital and forensic writs, if the
72	72	office represented the applicant in the proceedings under Section 5
73	73	or otherwise accepts the appointment in accordance with Chapter 78,
74	74	Government Code; or
75	75	(3) counsel from a list of competent counsel
76	76	maintained by the presiding judges of the administrative judicial
77	77	regions under Section 78.056, Government Code, if counsel is not
78	78	appointed under Subdivision (1) or (2) or if the convicting court
79	79	determines good cause exists for appointment of counsel other than
80	80	counsel described by those subdivisions [the office of capital and
81	81	forensic writs:
82	82	[(A) did not represent the applicant as described
83	83	by Subdivision (2); or
84	84	[(B) does not accept or is prohibited from
85	85	accepting the appointment under Section 78.054, Government Code].
86	86	SECTION 3. This Act takes effect September 1, 2019.