Texas 2025 - 89th Regular

Texas House Bill HB4915

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to legal representation of indigent persons in this state and to proceedings before a magistrate including the appointment of counsel for an indigent defendant.

Impact

The passage of HB 4915 would significantly impact the existing framework regarding the legal rights of indigent defendants. The bill proposes to automate the appointment of counsel under specific circumstances, thus removing potential delays in legal representation. It also introduces measures for expedited hearings related to the indigent status of defendants, aiming to streamline the processes that are often cumbersome in the judicial system. Furthermore, the bill creates a provision for student loan repayment assistance for public defense attorneys, thereby potentially improving recruitment and retention in this crucial sector.

Summary

House Bill 4915 is designed to enhance the legal representation of indigent persons in Texas, particularly through the establishment of processes related to their defense in criminal proceedings. The bill modifies various provisions of the Code of Criminal Procedure to ensure that defendants who cannot afford legal counsel are timely informed of their rights and the process available for securing representation. Notably, the bill stipulates timelines for appointment and representation when claims for habeas corpus are filed, ensuring that indigent defendants have access to legal assistance for potentially meritorious claims.

Contention

Discussions surrounding HB 4915 indicate varying opinions on the implications of expanding legal representation for indigent individuals. Proponents argue that the bill provides necessary protections and an essential right to counsel, particularly for vulnerable populations who might otherwise face significant legal disadvantages. Conversely, some critics raise concerns about the fiscal impacts and the feasibility of the proposed systems, questioning whether the state can adequately fund these initiatives without compromising other essential public services.

Texas Constitutional Statutes Affected

Tax Code

  • Chapter 183. Mixed Beverage Taxes
    • Section: New Section

Transportation Code

  • Chapter 730. Motor Vehicle Records Disclosure Act
    • Section: 007

Code Of Criminal Procedure

  • Chapter 11. Habeas Corpus
    • Section: New Section
  • Chapter 15. Arrest Under Warrant
    • Section: 17
  • Chapter 26. Arraignment
    • Section: New Section

Education Code

  • Chapter 61. Texas Higher Education Coordinating Board
    • Section: New Section

Government Code

  • Chapter 79. Texas Indigent Defense Commission
    • Section: New Section

Companion Bills

TX SB2111

Identical Relating to legal representation of indigent persons in this state and to proceedings before a magistrate including the appointment of counsel for an indigent defendant.

Similar Bills

TX SB2111

Relating to legal representation of indigent persons in this state and to proceedings before a magistrate including the appointment of counsel for an indigent defendant.

TX SB170

Relating to the reorganization of powers and duties among agencies in this state that provide representation to indigent defendants in criminal cases and to the reorganization of funding sources for indigent defense.

TX HB1754

Relating to the reorganization of powers and duties among agencies in this state that provide representation to indigent defendants in criminal cases and to the reorganization of funding sources for indigent defense.

TX HB1528

Relating to magistration proceedings for criminal defendants and the retention of related records, to services and representation provided to indigent criminal defendants and indigent juveniles, and to the governance and administration of the Texas Indigent Defense Commission.

TX SB780

Relating to the prioritization of certain available legal defense services when appointing representation for an indigent defendant in a criminal case.

TX SB1743

Relating to expanding the powers and duties of the office of capital writs and renaming the office of capital writs the office of capital and forensic writs.