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