88R2674 JCG-D
By: Rose H.B. No. 1383
A BILL TO BE ENTITLED
AN ACT
relating to procedures in a criminal case after a defendant is found
competent to stand trial and to consequences arising from certain
violations of those procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 26.04(k), Code of Criminal Procedure, is
amended to read as follows:
(k) A court may replace with other counsel an attorney who
violates Subsection (j)(1) or fails to timely meet and confer with a
defendant as required by Article 46B.084(a)(1) [with other
counsel]. A majority of the judges of the county courts and
statutory county courts or the district courts, as appropriate,
trying criminal cases in the county may remove from consideration
for appointment an attorney who intentionally or repeatedly
violates Subsection (j)(1) or Article 46B.084(a)(1).
SECTION 2. Article 26.05, Code of Criminal Procedure, is
amended by adding Subsection (i) to read as follows:
(i) The judge presiding over the proceedings or the director
of a managed assigned counsel program under Article 26.047, as
applicable, may disapprove a payment requested under this article
for services performed for a case in which the appointed counsel
fails to timely meet and confer with the defendant as required by
Article 46B.084(a)(1). On the appointed counsel's compliance with
the meet and confer requirement, the presiding judge or director,
as applicable, shall pay to the counsel the amount otherwise
approved under this article and may not continue to disapprove the
requested payment based solely on the disapproval permitted by this
subsection.
SECTION 3. Article 46B.084, Code of Criminal Procedure, is
amended by adding Subsection (d-2) to read as follows:
(d-2) Notwithstanding Subsection (d), if the defendant is
found competent to stand trial, the court not later than the 30th
day after the date of that finding shall set a trial date for the
case.
SECTION 4. Section 33.032(a), Government Code, is amended
to read as follows:
(a) Except as otherwise provided by this section and
Sections 33.022(j), 33.0322, 33.0325, and [Section] 33.034, the
papers filed with and proceedings before the commission are
confidential prior to the filing of formal charges.
SECTION 5. Subchapter B, Chapter 33, Government Code, is
amended by adding Section 33.0325 to read as follows:
Sec. 33.0325. PUBLIC PAPERS AND PROCEEDINGS RELATED TO
CERTAIN COMPLAINTS INVOLVING INCOMPETENCY PROCEEDINGS. The papers
filed with and proceedings held before the commission in connection
with the investigation and resolution of the following complaints
filed with the commission shall be public information:
(1) a complaint alleging a judge failed to timely
notify the attorney representing the state or the attorney for the
defendant of a defendant's return, as required by Article
46B.084(a)(1), Code of Criminal Procedure; and
(2) a complaint alleging a judge failed to timely set a
trial date for a case as required by Article 46B.084(d-2), Code of
Criminal Procedure.
SECTION 6. Articles 26.04, 26.05, and 46B.084, Code of
Criminal Procedure, as amended by this Act, apply to a criminal case
in which the indictment or information is filed before, on, or after
the effective date of this Act.
SECTION 7. Section 33.0325, Government Code, as added by
this Act, applies only to a complaint filed on or after the
effective date of this Act. A complaint filed before the effective
date of this Act is governed by the law in effect on the date the
complaint was filed, and the former law is continued in effect for
that purpose.
SECTION 8. This Act takes effect September 1, 2023.