S.B. No. 583
AN ACT
relating to the appointment of a local public defender's office to
represent indigent defendants in criminal cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 26.04, Code of Criminal Procedure, is
amended by amending Subsections (a) and (f) to read as follows:
(a) The judges of the county courts, statutory county
courts, and district courts trying criminal cases in each county,
by local rule, shall adopt and publish written countywide
procedures for timely and fairly appointing counsel for an indigent
defendant in the county arrested for, charged with, or taking an
appeal from a conviction of a misdemeanor punishable by confinement
or a felony. The procedures must be consistent with this article
and Articles 1.051, 15.17, 15.18, 26.05, and 26.052 and must
provide for the priority appointment of a public defender's office
as described by Subsection (f). A court shall appoint an attorney
from a public appointment list using a system of rotation, unless
the court appoints an attorney under Subsection (f), (f-1), (h), or
(i). The court shall appoint attorneys from among the next five
names on the appointment list in the order in which the attorneys'
names appear on the list, unless the court makes a finding of good
cause on the record for appointing an attorney out of order. An
attorney who is not appointed in the order in which the attorney's
name appears on the list shall remain next in order on the list.
(f) In a county with [in which] a public defender's office
[is created or designated under Article 26.044], the court or the
courts' designee shall give priority in appointing that office to
represent the defendant in the criminal proceeding, including a
proceeding in a capital murder case. However, the court is not
required to appoint the public defender's office if:
(1) the court makes a finding of good cause for
appointing [has reason to appoint] other counsel, provided that in
a capital murder case, the court makes a finding of good cause on
the record for appointing that counsel; [or]
(2) the appointment would be contrary to the office's
written plan under Article 26.044;
(3) the office is prohibited from accepting the
appointment under Article 26.044(j); or
(4) a managed assigned counsel program also exists in
the county and an attorney will be appointed under that program.
SECTION 2. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 583 passed the Senate on
April 29, 2019, by the following vote: Yeas 27, Nays 4;
May 23, 2019, Senate refused to concur in House amendment and
requested appointment of Conference Committee; May 23, 2019, House
granted request of the Senate; May 25, 2019, Senate adopted
Conference Committee Report by the following vote: Yeas 29,
Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 583 passed the House, with
amendment, on May 21, 2019, by the following vote: Yeas 124,
Nays 17, two present not voting; May 23, 2019, House granted
request of the Senate for appointment of Conference Committee;
May 25, 2019, House adopted Conference Committee Report by the
following vote: Yeas 118, Nays 17, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor