88R3317 AJZ-D
By: Collier H.B. No. 416
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of attorneys representing indigent
defendants in criminal proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 26.047(a), Code of Criminal Procedure,
is amended by amending Subdivision (2) and adding Subdivision (3)
to read as follows:
(2) "Managed assigned counsel program" or "program"
means a program operated with public funds:
(A) by a governmental entity, nonprofit
corporation, or bar association under a written agreement with a
governmental entity, other than an individual judge or court; [and]
(B) for the purpose of appointing counsel under
Article 26.04 or 26.052 of this code or Section 51.10, Family Code;
and
(C) for the purpose of appointing or providing an
investigator, expert, or other support services for appointed
counsel or indigent defendants.
(3) "Oversight board" means an oversight board
established under Article 26.048.
SECTION 2. Articles 26.047(b) and (f), Code of Criminal
Procedure, are amended to read as follows:
(b) The commissioners court of any county, on written
approval of a judge of the juvenile court of a county or a county
court, statutory county court, or district court trying criminal
cases in the county, may appoint a governmental entity, nonprofit
corporation, or bar association to operate a managed assigned
counsel program. The commissioners courts of two or more counties
may enter into a written agreement to jointly appoint and fund a
governmental entity, nonprofit corporation, or bar association to
operate a managed assigned counsel program. In appointing an
entity to operate a managed assigned counsel program under this
subsection, the commissioners court shall specify or the
commissioners courts shall jointly specify:
(1) the types of cases in which the program may appoint
counsel under Article 26.04 or 26.052 of this code or Section 51.10,
Family Code, and the courts in which the counsel appointed by the
program may be required to appear; [and]
(2) the term of any agreement establishing a program
and how the agreement may be terminated or renewed; and
(3) if an oversight board is established under Article
26.048 for the managed assigned counsel program, the powers and
duties that have been delegated to the oversight board.
(f) The program's public appointment list from which an
attorney is appointed must contain the names of qualified
attorneys, each of whom:
(1) applies to be included on the list;
(2) meets any applicable requirements specified by the
procedures [procedure] for appointing counsel adopted under
Article 26.04(a) or provided under Article 26.052 and any other
requirements specified by the Texas Indigent Defense Commission;
and
(3) is approved by the program director or review
committee, as applicable.
SECTION 3. Chapter 26, Code of Criminal Procedure, is
amended by adding Article 26.048 to read as follows:
Art. 26.048. MANAGED ASSIGNED COUNSEL OVERSIGHT BOARD. (a)
The commissioners court of a county or the commissioners courts of
two or more counties may establish an oversight board for a managed
assigned counsel program established in accordance with this
chapter.
(b) The commissioners court or courts that establish an
oversight board under this article shall appoint members of the
board. The following persons participating in the criminal justice
system may not serve on the board:
(1) a criminal trial judge;
(2) a prosecutor;
(3) an attorney who receives appointments through the
managed assigned counsel program; or
(4) a peace officer.
(c) The commissioners court or courts may delegate to the
board any power or duty of the commissioners court to provide
oversight of the program under Article 26.047, including:
(1) recommending selection and removal of a director;
(2) setting policy for the program; and
(3) developing a budget proposal for the program.
(d) An oversight board established under this article may
not gain access to privileged or confidential communication.
SECTION 4. Article 26.052, Code of Criminal Procedure, is
amended by amending Subsections (b) and (e) and adding Subsections
(b-1), (b-2), and (b-3) to read as follows:
(b) If a county is served by a public defender's office,
trial counsel and counsel for direct appeal or to apply for a writ
of certiorari may be appointed as provided by the guidelines
established by the public defender's office. [In all other cases in
which the death penalty is sought, counsel shall be appointed as
provided by this article.]
(b-1) If a county is served by a managed assigned counsel
program, trial counsel and counsel for direct appeal or to apply for
a writ of certiorari may be appointed as provided by the written
plan of operation for the managed assigned counsel program. An
attorney appointed by a managed assigned counsel program in a death
penalty case must be on the list of attorneys qualified for
appointment in death penalty cases in the administrative judicial
region in which the managed assigned counsel program operates.
(b-2) If a county is served by a public defender's office
and a managed assigned counsel program, subject to Articles
26.04(f)(1), (2), and (3), the presiding judge of the district
court in which a capital felony is filed shall give priority in
appointing counsel from the public defender's office.
(b-3) In a county not served by a public defender's office
or a managed assigned counsel program, counsel shall be appointed
as provided by this article in each case in which the death penalty
is sought.
(e) The presiding judge of the district court in which a
capital felony case is filed or the managed assigned counsel
program, if authorized by this article, shall appoint two
attorneys[, at least one of whom must be qualified under this
chapter,] to represent an indigent defendant as soon as practicable
after charges are filed, unless the state gives notice in writing
that the state will not seek the death penalty. At least one of the
attorneys must be qualified under this chapter.
SECTION 5. This Act takes effect September 1, 2023.