| 1 | 1 | | 87R123 MAW-D |
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| 2 | 2 | | By: Dominguez H.B. No. 1103 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the representation of an indigent person in certain |
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| 8 | 8 | | criminal proceedings. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 26.04, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Subsection (i-1) to read as follows: |
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| 12 | 12 | | (i-1) Notwithstanding Subsection (j)(2) or any other law, |
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| 13 | 13 | | an attorney may be appointed under this article to represent an |
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| 14 | 14 | | indigent person for the sole purpose of providing counsel in |
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| 15 | 15 | | relation to that person's appearance before a magistrate as |
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| 16 | 16 | | required by Article 14.06(a), 15.17(a), or 15.18(a). The attorney |
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| 17 | 17 | | may represent the person in subsequent proceedings of that case, |
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| 18 | 18 | | only if appointed for that purpose under the other provisions of |
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| 19 | 19 | | this article. |
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| 20 | 20 | | SECTION 2. Article 26.044, Code of Criminal Procedure, is |
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| 21 | 21 | | amended by adding Subsection (i-1) to read as follows: |
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| 22 | 22 | | (i-1) Notwithstanding Subsection (i)(1), an attorney |
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| 23 | 23 | | engaged in the private practice of criminal law may be employed by a |
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| 24 | 24 | | public defender's office on a part-time basis for the sole purpose |
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| 25 | 25 | | of providing counsel in relation to an indigent person's appearance |
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| 26 | 26 | | before a magistrate as required by Article 14.06(a), 15.17(a), or |
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| 27 | 27 | | 15.18(a). |
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| 28 | 28 | | SECTION 3. Article 26.04(i-1), Code of Criminal Procedure, |
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| 29 | 29 | | as added by this Act, applies only to a person who is arrested on or |
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| 30 | 30 | | after the effective date of this Act. A person arrested before the |
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| 31 | 31 | | effective date of this Act is governed by the law in effect on the |
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| 32 | 32 | | date the person was arrested, and the former law is continued in |
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| 33 | 33 | | effect for that purpose. |
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| 34 | 34 | | SECTION 4. This Act takes effect September 1, 2021. |
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