| 1 | 1 | | 88R11925 AJZ-D |
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| 2 | 2 | | By: Perry S.B. No. 1046 |
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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 reimbursement of expenses to certain counsel |
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| 8 | 8 | | appointed to represent a defendant in a criminal proceeding. |
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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 26.05, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by amending Subsection (d) and adding Subsection (d-1) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (d) A counsel in a noncapital case, other than an attorney |
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| 14 | 14 | | with a public defender's office, appointed to represent a defendant |
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| 15 | 15 | | under this code shall be reimbursed for reasonable and necessary |
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| 16 | 16 | | expenses, including expenses for: |
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| 17 | 17 | | (1) investigation; |
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| 18 | 18 | | (2) [and for] mental health and other experts; and |
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| 19 | 19 | | (3) if the defendant is confined in a correctional |
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| 20 | 20 | | facility located more than 50 miles from the court in which the |
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| 21 | 21 | | defendant's proceeding is pending: |
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| 22 | 22 | | (A) travel to the defendant's location for a |
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| 23 | 23 | | confidential communication and food and lodging related to that |
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| 24 | 24 | | travel; and |
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| 25 | 25 | | (B) any costs associated with remotely entering |
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| 26 | 26 | | into a confidential communication with the defendant. |
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| 27 | 27 | | (d-1) Expenses under Subsection (d) incurred with prior |
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| 28 | 28 | | court approval shall be reimbursed in the same manner provided for |
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| 29 | 29 | | capital cases by Articles 26.052(f) and (g), and expenses under |
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| 30 | 30 | | Subsection (d) incurred without prior court approval shall be |
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| 31 | 31 | | reimbursed in the manner provided for capital cases by Article |
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| 32 | 32 | | 26.052(h). |
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| 33 | 33 | | SECTION 2. The change in law made by this Act applies only |
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| 34 | 34 | | to expenses incurred on or after the effective date of this Act. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2023. |
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