Texas 2023 - 88th Regular

Texas House Bill HB416 Compare Versions

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1	1	88R3317 AJZ-D
2	2	By: Collier H.B. No. 416
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the appointment of attorneys representing indigent
8	8	defendants in criminal proceedings.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 26.047(a), Code of Criminal Procedure,
11	11	is amended by amending Subdivision (2) and adding Subdivision (3)
12	12	to read as follows:
13	13	(2) "Managed assigned counsel program" or "program"
14	14	means a program operated with public funds:
15	15	(A) by a governmental entity, nonprofit
16	16	corporation, or bar association under a written agreement with a
17	17	governmental entity, other than an individual judge or court; [and]
18	18	(B) for the purpose of appointing counsel under
19	19	Article 26.04 or 26.052 of this code or Section 51.10, Family Code;
20	20	and
21	21	(C) for the purpose of appointing or providing an
22	22	investigator, expert, or other support services for appointed
23	23	counsel or indigent defendants.
24	24	(3) "Oversight board" means an oversight board
25	25	established under Article 26.048.
26	26	SECTION 2. Articles 26.047(b) and (f), Code of Criminal
27	27	Procedure, are amended to read as follows:
28	28	(b) The commissioners court of any county, on written
29	29	approval of a judge of the juvenile court of a county or a county
30	30	court, statutory county court, or district court trying criminal
31	31	cases in the county, may appoint a governmental entity, nonprofit
32	32	corporation, or bar association to operate a managed assigned
33	33	counsel program. The commissioners courts of two or more counties
34	34	may enter into a written agreement to jointly appoint and fund a
35	35	governmental entity, nonprofit corporation, or bar association to
36	36	operate a managed assigned counsel program. In appointing an
37	37	entity to operate a managed assigned counsel program under this
38	38	subsection, the commissioners court shall specify or the
39	39	commissioners courts shall jointly specify:
40	40	(1) the types of cases in which the program may appoint
41	41	counsel under Article 26.04 or 26.052 of this code or Section 51.10,
42	42	Family Code, and the courts in which the counsel appointed by the
43	43	program may be required to appear; [and]
44	44	(2) the term of any agreement establishing a program
45	45	and how the agreement may be terminated or renewed; and
46	46	(3) if an oversight board is established under Article
47	47	26.048 for the managed assigned counsel program, the powers and
48	48	duties that have been delegated to the oversight board.
49	49	(f) The program's public appointment list from which an
50	50	attorney is appointed must contain the names of qualified
51	51	attorneys, each of whom:
52	52	(1) applies to be included on the list;
53	53	(2) meets any applicable requirements specified by the
54	54	procedures [procedure] for appointing counsel adopted under
55	55	Article 26.04(a) or provided under Article 26.052 and any other
56	56	requirements specified by the Texas Indigent Defense Commission;
57	57	and
58	58	(3) is approved by the program director or review
59	59	committee, as applicable.
60	60	SECTION 3. Chapter 26, Code of Criminal Procedure, is
61	61	amended by adding Article 26.048 to read as follows:
62	62	Art. 26.048. MANAGED ASSIGNED COUNSEL OVERSIGHT BOARD. (a)
63	63	The commissioners court of a county or the commissioners courts of
64	64	two or more counties may establish an oversight board for a managed
65	65	assigned counsel program established in accordance with this
66	66	chapter.
67	67	(b) The commissioners court or courts that establish an
68	68	oversight board under this article shall appoint members of the
69	69	board. The following persons participating in the criminal justice
70	70	system may not serve on the board:
71	71	(1) a criminal trial judge;
72	72	(2) a prosecutor;
73	73	(3) an attorney who receives appointments through the
74	74	managed assigned counsel program; or
75	75	(4) a peace officer.
76	76	(c) The commissioners court or courts may delegate to the
77	77	board any power or duty of the commissioners court to provide
78	78	oversight of the program under Article 26.047, including:
79	79	(1) recommending selection and removal of a director;
80	80	(2) setting policy for the program; and
81	81	(3) developing a budget proposal for the program.
82	82	(d) An oversight board established under this article may
83	83	not gain access to privileged or confidential communication.
84	84	SECTION 4. Article 26.052, Code of Criminal Procedure, is
85	85	amended by amending Subsections (b) and (e) and adding Subsections
86	86	(b-1), (b-2), and (b-3) to read as follows:
87	87	(b) If a county is served by a public defender's office,
88	88	trial counsel and counsel for direct appeal or to apply for a writ
89	89	of certiorari may be appointed as provided by the guidelines
90	90	established by the public defender's office. [In all other cases in
91	91	which the death penalty is sought, counsel shall be appointed as
92	92	provided by this article.]
93	93	(b-1) If a county is served by a managed assigned counsel
94	94	program, trial counsel and counsel for direct appeal or to apply for
95	95	a writ of certiorari may be appointed as provided by the written
96	96	plan of operation for the managed assigned counsel program. An
97	97	attorney appointed by a managed assigned counsel program in a death
98	98	penalty case must be on the list of attorneys qualified for
99	99	appointment in death penalty cases in the administrative judicial
100	100	region in which the managed assigned counsel program operates.
101	101	(b-2) If a county is served by a public defender's office
102	102	and a managed assigned counsel program, subject to Articles
103	103	26.04(f)(1), (2), and (3), the presiding judge of the district
104	104	court in which a capital felony is filed shall give priority in
105	105	appointing counsel from the public defender's office.
106	106	(b-3) In a county not served by a public defender's office
107	107	or a managed assigned counsel program, counsel shall be appointed
108	108	as provided by this article in each case in which the death penalty
109	109	is sought.
110	110	(e) The presiding judge of the district court in which a
111	111	capital felony case is filed or the managed assigned counsel
112	112	program, if authorized by this article, shall appoint two
113	113	attorneys[, at least one of whom must be qualified under this
114	114	chapter,] to represent an indigent defendant as soon as practicable
115	115	after charges are filed, unless the state gives notice in writing
116	116	that the state will not seek the death penalty. At least one of the
117	117	attorneys must be qualified under this chapter.
118	118	SECTION 5. This Act takes effect September 1, 2023.