| 1 | 1 | | 89R5029 JCG-D |
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| 2 | 2 | | By: Eckhardt S.B. No. 632 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to consequences arising from a failure by appointed |
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| 10 | 10 | | counsel in a criminal case to timely meet and confer with the |
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| 11 | 11 | | defendant after the defendant is found competent to stand trial. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Article 26.04(k), Code of Criminal Procedure, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | (k) A court may replace with other counsel an attorney who |
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| 16 | 16 | | violates Subsection (j)(1) or fails to timely meet and confer with a |
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| 17 | 17 | | defendant as required by Article 46B.084(a)(1) [with other |
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| 18 | 18 | | counsel]. A majority of the judges of the county courts and |
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| 19 | 19 | | statutory county courts or the district courts, as appropriate, |
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| 20 | 20 | | trying criminal cases in the county may remove from consideration |
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| 21 | 21 | | for appointment an attorney who intentionally or repeatedly |
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| 22 | 22 | | violates Subsection (j)(1) or Article 46B.084(a)(1). |
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| 23 | 23 | | SECTION 2. Article 26.05, Code of Criminal Procedure, is |
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| 24 | 24 | | amended by adding Subsection (i) to read as follows: |
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| 25 | 25 | | (i) The judge presiding over the proceedings or the director |
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| 26 | 26 | | of a managed assigned counsel program under Article 26.047, as |
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| 27 | 27 | | applicable, may disapprove a payment requested under this article |
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| 28 | 28 | | for services performed for a case in which the appointed counsel |
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| 29 | 29 | | fails to timely meet and confer with the defendant as required by |
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| 30 | 30 | | Article 46B.084(a)(1). On the appointed counsel's compliance with |
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| 31 | 31 | | the meet and confer requirement, the presiding judge or director, |
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| 32 | 32 | | as applicable, shall pay to the counsel the amount otherwise |
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| 33 | 33 | | approved under this article and may not continue to disapprove the |
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| 34 | 34 | | requested payment based solely on the disapproval permitted by this |
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| 35 | 35 | | subsection. |
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| 36 | 36 | | SECTION 3. Articles 26.04 and 26.05, Code of Criminal |
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| 37 | 37 | | Procedure, as amended by this Act, apply to a criminal case in which |
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| 38 | 38 | | the indictment or information is filed before, on, or after the |
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| 39 | 39 | | effective date of this Act. |
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| 40 | 40 | | SECTION 4. This Act takes effect September 1, 2025. |
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