Texas 2019 - 86th Regular

Texas House Bill HB3903 Compare Versions

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

Old	New	Differences
1	1	86R10137 YDB-F
2	2	By: White H.B. No. 3903
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a state defense attorney to represent certain
8	8	defendants in proceedings before state appellate courts and
9	9	coordinate continuing legal education for criminal defense
10	10	attorneys.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 22.301, Government Code, is amended to
13	13	read as follows:
14	14	Sec. 22.301. SALARIES OF OFFICERS AND PERSONNEL OF
15	15	APPELLATE COURTS. The salaries of the state prosecuting attorney,
16	16	the state defense attorney, and the clerks, other officers, and
17	17	employees of the supreme court, court of criminal appeals, and
18	18	courts of appeals shall be determined by the legislature in its
19	19	appropriation acts for the support of the judiciary.
20	20	SECTION 2. The heading to Chapter 42, Government Code, is
21	21	amended to read as follows:
22	22	CHAPTER 42. STATE ATTORNEYS [PROSECUTING ATTORNEY]
23	23	SECTION 3. The heading to Section 42.001, Government Code,
24	24	is amended to read as follows:
25	25	Sec. 42.001. STATE PROSECUTING ATTORNEY: OFFICE;
26	26	QUALIFICATIONS.
27	27	SECTION 4. Chapter 42, Government Code, is amended by
28	28	adding Section 42.0015 to read as follows:
29	29	Sec. 42.0015. STATE DEFENSE ATTORNEY: OFFICE;
30	30	QUALIFICATIONS. (a) The court of criminal appeals shall appoint a
31	31	state defense attorney to represent certain criminal defendants in
32	32	proceedings before the court, subject to Subsection (c). The state
33	33	defense attorney may represent criminal defendants at any stage of
34	34	a criminal case before a state court of appeals or in any proceeding
35	35	that may potentially be heard by the court of criminal appeals.
36	36	(b) A person appointed to the office of state defense
37	37	attorney must have at least five years' experience as an attorney in
38	38	the practice of criminal law in this state and have the
39	39	qualifications described in Section 78.004(b).
40	40	(c) A state defense attorney must be chosen from the list of
41	41	names received by the committee established in accordance with
42	42	Section 42.008.
43	43	SECTION 5. Section 42.002, Government Code, is amended to
44	44	read as follows:
45	45	Sec. 42.002. OATH; TERM. (a) The state prosecuting
46	46	attorney and the state defense attorney must take the oath required
47	47	of state officials.
48	48	(b) The state prosecuting attorney and the state defense
49	49	attorney each serve [serves] a two-year term and continue
50	50	[continues] to serve until a successor is appointed and has
51	51	qualified.
52	52	SECTION 6. Section 42.003, Government Code, is amended to
53	53	read as follows:
54	54	Sec. 42.003. ASSISTANT [STATE PROSECUTING] ATTORNEYS. The
55	55	state attorneys appointed under this chapter [prosecuting
56	56	attorney] may appoint one or more assistant [state prosecuting]
57	57	attorneys. An assistant [state prosecuting] attorney appointed
58	58	under this chapter has the same duties and serves the same term of
59	59	office as the state prosecuting attorney or state defense attorney
60	60	who appointed the assistant.
61	61	SECTION 7. Section 42.004, Government Code, is amended to
62	62	read as follows:
63	63	Sec. 42.004. REMOVAL. The court of criminal appeals may
64	64	remove state [prosecuting] attorneys appointed under this chapter
65	65	from office for good cause.
66	66	SECTION 8. Chapter 42, Government Code, is amended by
67	67	adding Sections 42.006, 42.007, and 42.008 to read as follows:
68	68	Sec. 42.006. COOPERATION WITH OTHER CRIMINAL DEFENSE
69	69	ATTORNEYS. (a) The state defense attorney on request of a
70	70	defendant may assist a criminal defense attorney or public defender
71	71	in representing a defendant before an appellate court in any
72	72	proceeding that may potentially be heard by the court of criminal
73	73	appeals.
74	74	(b) A criminal defense attorney or public defender may
75	75	assist the state defense attorney in representing the defendant
76	76	before the court of criminal appeals.
77	77	(c) The state defense attorney may decline to represent a
78	78	defendant for any ethically appropriate reason, including the state
79	79	defense attorney's lack of financial resources to adequately
80	80	represent the defendant or belief that the defendant's issues on
81	81	appeal lack merit.
82	82	Sec. 42.007. COORDINATION OF CONTINUING LEGAL EDUCATION FOR
83	83	CRIMINAL DEFENSE ATTORNEYS. (a) The state defense attorney may
84	84	coordinate the continuing legal education of criminal defense
85	85	attorneys and public defenders.
86	86	(b) The state defense attorney shall consult with the court
87	87	of criminal appeals to determine appropriate continuing legal
88	88	education curriculum for criminal defense attorneys and public
89	89	defenders.
90	90	Sec. 42.008. COMMITTEE TO RECOMMEND QUALIFIED STATE
91	91	DEFENSE ATTORNEY. (a) The committee to recommend a qualified state
92	92	defense attorney is established.
93	93	(b) The committee is composed of the members serving on the
94	94	capital and forensic writs committee appointed under Section
95	95	78.003.
96	96	(c) When a vacancy exists in the office of state defense
97	97	attorney, the committee shall provide to the court of criminal
98	98	appeals a list of the names of at least two and not more than five
99	99	persons the committee recommends for the office.
100	100	(d) Each person the committee recommends must meet the
101	101	qualifications established by Section 42.0015(b).
102	102	SECTION 9. This Act takes effect September 1, 2019.