| 1 | 1 | | 89R790 AJZ-D |
|---|
| 2 | 2 | | By: Canales H.B. No. 3449 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the reimbursement of expenses to certain counsel |
|---|
| 10 | 10 | | appointed to represent a defendant in a criminal proceeding. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Article 26.05, Code of Criminal Procedure, is |
|---|
| 13 | 13 | | amended by amending Subsection (d) and adding Subsection (d-1) to |
|---|
| 14 | 14 | | read as follows: |
|---|
| 15 | 15 | | (d) A counsel in a noncapital case, other than an attorney |
|---|
| 16 | 16 | | with a public defender's office, appointed to represent a defendant |
|---|
| 17 | 17 | | under this code shall be reimbursed for reasonable and necessary |
|---|
| 18 | 18 | | expenses, including expenses for: |
|---|
| 19 | 19 | | (1) investigation; |
|---|
| 20 | 20 | | (2) [and for] mental health and other experts; and |
|---|
| 21 | 21 | | (3) if the defendant is confined in a correctional |
|---|
| 22 | 22 | | facility located more than 50 miles from the court in which the |
|---|
| 23 | 23 | | defendant's proceeding is pending: |
|---|
| 24 | 24 | | (A) travel to the defendant's location for a |
|---|
| 25 | 25 | | confidential communication and food and lodging related to that |
|---|
| 26 | 26 | | travel; and |
|---|
| 27 | 27 | | (B) any costs associated with remotely entering |
|---|
| 28 | 28 | | into a confidential communication with the defendant. |
|---|
| 29 | 29 | | (d-1) Expenses under Subsection (d) incurred with prior |
|---|
| 30 | 30 | | court approval shall be reimbursed in the same manner provided for |
|---|
| 31 | 31 | | capital cases by Articles 26.052(f) and (g), and expenses under |
|---|
| 32 | 32 | | Subsection (d) incurred without prior court approval shall be |
|---|
| 33 | 33 | | reimbursed in the manner provided for capital cases by Article |
|---|
| 34 | 34 | | 26.052(h). |
|---|
| 35 | 35 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 36 | 36 | | to expenses incurred on or after the effective date of this Act. |
|---|
| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|