86R10137 YDB-F
By: White H.B. No. 3903
A BILL TO BE ENTITLED
AN ACT
relating to a state defense attorney to represent certain
defendants in proceedings before state appellate courts and
coordinate continuing legal education for criminal defense
attorneys.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.301, Government Code, is amended to
read as follows:
Sec. 22.301. SALARIES OF OFFICERS AND PERSONNEL OF
APPELLATE COURTS. The salaries of the state prosecuting attorney,
the state defense attorney, and the clerks, other officers, and
employees of the supreme court, court of criminal appeals, and
courts of appeals shall be determined by the legislature in its
appropriation acts for the support of the judiciary.
SECTION 2. The heading to Chapter 42, Government Code, is
amended to read as follows:
CHAPTER 42. STATE ATTORNEYS [PROSECUTING ATTORNEY]
SECTION 3. The heading to Section 42.001, Government Code,
is amended to read as follows:
Sec. 42.001. STATE PROSECUTING ATTORNEY: OFFICE;
QUALIFICATIONS.
SECTION 4. Chapter 42, Government Code, is amended by
adding Section 42.0015 to read as follows:
Sec. 42.0015. STATE DEFENSE ATTORNEY: OFFICE;
QUALIFICATIONS. (a) The court of criminal appeals shall appoint a
state defense attorney to represent certain criminal defendants in
proceedings before the court, subject to Subsection (c). The state
defense attorney may represent criminal defendants at any stage of
a criminal case before a state court of appeals or in any proceeding
that may potentially be heard by the court of criminal appeals.
(b) A person appointed to the office of state defense
attorney must have at least five years' experience as an attorney in
the practice of criminal law in this state and have the
qualifications described in Section 78.004(b).
(c) A state defense attorney must be chosen from the list of
names received by the committee established in accordance with
Section 42.008.
SECTION 5. Section 42.002, Government Code, is amended to
read as follows:
Sec. 42.002. OATH; TERM. (a) The state prosecuting
attorney and the state defense attorney must take the oath required
of state officials.
(b) The state prosecuting attorney and the state defense
attorney each serve [serves] a two-year term and continue
[continues] to serve until a successor is appointed and has
qualified.
SECTION 6. Section 42.003, Government Code, is amended to
read as follows:
Sec. 42.003. ASSISTANT [STATE PROSECUTING] ATTORNEYS. The
state attorneys appointed under this chapter [prosecuting
attorney] may appoint one or more assistant [state prosecuting]
attorneys. An assistant [state prosecuting] attorney appointed
under this chapter has the same duties and serves the same term of
office as the state prosecuting attorney or state defense attorney
who appointed the assistant.
SECTION 7. Section 42.004, Government Code, is amended to
read as follows:
Sec. 42.004. REMOVAL. The court of criminal appeals may
remove state [prosecuting] attorneys appointed under this chapter
from office for good cause.
SECTION 8. Chapter 42, Government Code, is amended by
adding Sections 42.006, 42.007, and 42.008 to read as follows:
Sec. 42.006. COOPERATION WITH OTHER CRIMINAL DEFENSE
ATTORNEYS. (a) The state defense attorney on request of a
defendant may assist a criminal defense attorney or public defender
in representing a defendant before an appellate court in any
proceeding that may potentially be heard by the court of criminal
appeals.
(b) A criminal defense attorney or public defender may
assist the state defense attorney in representing the defendant
before the court of criminal appeals.
(c) The state defense attorney may decline to represent a
defendant for any ethically appropriate reason, including the state
defense attorney's lack of financial resources to adequately
represent the defendant or belief that the defendant's issues on
appeal lack merit.
Sec. 42.007. COORDINATION OF CONTINUING LEGAL EDUCATION FOR
CRIMINAL DEFENSE ATTORNEYS. (a) The state defense attorney may
coordinate the continuing legal education of criminal defense
attorneys and public defenders.
(b) The state defense attorney shall consult with the court
of criminal appeals to determine appropriate continuing legal
education curriculum for criminal defense attorneys and public
defenders.
Sec. 42.008. COMMITTEE TO RECOMMEND QUALIFIED STATE
DEFENSE ATTORNEY. (a) The committee to recommend a qualified state
defense attorney is established.
(b) The committee is composed of the members serving on the
capital and forensic writs committee appointed under Section
78.003.
(c) When a vacancy exists in the office of state defense
attorney, the committee shall provide to the court of criminal
appeals a list of the names of at least two and not more than five
persons the committee recommends for the office.
(d) Each person the committee recommends must meet the
qualifications established by Section 42.0015(b).
SECTION 9. This Act takes effect September 1, 2019.