Texas 2025 - 89th Regular

Texas House Bill HB4915

Filed
3/13/25  
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

If passed, HB 4915 will strengthen existing provisions related to indigent defense, making it mandatory for magistrates to appoint attorneys for defendants who demonstrate a potentially meritorious claim for relief through habeas corpus petitions. This effectively reinforces the right of individuals to have legal representation regardless of their economic status. Additionally, the bill provides specific guidelines for the reimbursement of legal expenses related to such counsel, which will impact local governments by requiring them to fund these legal services more effectively.

Summary

House Bill 4915 aims to enhance the legal representation of indigent persons in Texas, specifically concerning their rights and the processes involved in their legal proceedings. This bill involves important amendments to the Code of Criminal Procedure, particularly focusing on the appointment of counsel for indigent defendants. One of the primary intents of this legislation is to ensure that eligible defendants are provided with competent legal representation at all stages of criminal proceedings, especially as they navigate complex legal systems that can have significant consequences on their lives.

Sentiment

The sentiment surrounding HB 4915 appears largely positive among advocates for legal rights and justice reform. Supporters view this bill as a necessary step toward ensuring fair legal representation for indigent defendants, fostering a more just legal process. However, there are potential concerns from some lawmaker factions about the funding implications for local jurisdictions, as increased legal representation might require additional budget allocations and oversight.

Contention

Notable points of contention could arise around the implementation of the bill concerning local funding and management of indigent defense programs. Some lawmakers may express concerns about the practical aspects of ensuring quality representation while managing costs. There is also a discussion on whether existing resources would be sufficient to support the mandated changes and the potential for increased caseloads for public defenders, which may lead to challenges in maintaining the standard of legal defense.

Texas Constitutional Statutes Affected

Tax Code

  • Chapter 183. Mixed Beverage Taxes
    • Section: New Section
  • Chapter 25. Local Appraisal
    • Section: 025

Transportation Code

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

Code Of Criminal Procedure

  • Chapter 11. Habeas Corpus
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 15. Arrest Under Warrant
    • Section: 17
    • Section: 17
    • Section: New Section
    • Section: New Section
  • Chapter 26. Arraignment
    • Section: New Section
    • Section: New Section
    • 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
  • Chapter 411. Department Of Public Safety Of The State Of Texas
    • Section: New Section
    • Section: 088
    • Section: 1272
    • Section: New Section
    • Section: 088
    • Section: 1272

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 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 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 SB625

Relating to the representation of indigent defendants in criminal cases.

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.