Bill Text: TX SB1741 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to attorneys in certain counties who are qualified for appointment to represent a defendant with a mental illness.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-23 - Referred to Criminal Justice [SB1741 Detail]
Download: Texas-2017-SB1741-Introduced.html
85R12091 SMT-F | ||
By: Miles | S.B. No. 1741 |
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relating to attorneys in certain counties who are qualified for | ||
appointment to represent a defendant with a mental illness. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Articles 26.04(e) and (g), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(e) In a county in which a court is required under | ||
Subsection (a) to appoint an attorney from a public appointment | ||
list: | ||
(1) the judges of the county courts and statutory | ||
county courts trying misdemeanor cases in the county, by formal | ||
action: | ||
(A) shall: | ||
(i) establish a public appointment list of | ||
attorneys qualified to provide representation in the county in | ||
misdemeanor cases punishable by confinement, including, in a county | ||
with a population of 250,000 or more, a separate appointment list of | ||
attorneys qualified to represent a defendant with a mental illness; | ||
and | ||
(ii) specify the objective qualifications | ||
necessary for an attorney to be included on a [ |
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Subparagraph (i); and | ||
(B) may establish, if determined by the judges to | ||
be appropriate, more than one appointment list graduated according | ||
to the degree of seriousness of the offense, the attorneys' | ||
qualifications, and whether representation will be provided in | ||
trial court proceedings, appellate proceedings, or both; and | ||
(2) the judges of the district courts trying felony | ||
cases in the county, by formal action: | ||
(A) shall: | ||
(i) establish a public appointment list of | ||
attorneys qualified to provide representation in felony cases in | ||
the county, including, in a county with a population of 250,000 or | ||
more, a separate appointment list of attorneys qualified to | ||
represent a defendant with a mental illness; and | ||
(ii) specify the objective qualifications | ||
necessary for an attorney to be included on a [ |
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Subparagraph (i); and | ||
(B) may establish, if determined by the judges to | ||
be appropriate, more than one appointment list graduated according | ||
to the degree of seriousness of the offense, the attorneys' | ||
qualifications, and whether representation will be provided in | ||
trial court proceedings, appellate proceedings, or both. | ||
(g) A countywide alternative program for appointing counsel | ||
for indigent defendants in criminal cases is established by a | ||
formal action in which two-thirds of the judges of the courts | ||
designated under this subsection vote to establish the alternative | ||
program. An alternative program for appointing counsel in | ||
misdemeanor and felony cases may be established in the manner | ||
provided by this subsection by the judges of the county courts, | ||
statutory county courts, and district courts trying criminal cases | ||
in the county. An alternative program for appointing counsel in | ||
misdemeanor cases may be established in the manner provided by this | ||
subsection by the judges of the county courts and statutory county | ||
courts trying criminal cases in the county. An alternative program | ||
for appointing counsel in felony cases may be established in the | ||
manner provided by this subsection by the judges of the district | ||
courts trying criminal cases in the county. In a county in which an | ||
alternative program is established: | ||
(1) the alternative program may: | ||
(A) use a single method for appointing counsel or | ||
a combination of methods; and | ||
(B) use a multicounty appointment list using a | ||
system of rotation; and | ||
(2) the procedures adopted under Subsection (a) must | ||
ensure that: | ||
(A) attorneys appointed using the alternative | ||
program to represent defendants in misdemeanor cases punishable by | ||
confinement: | ||
(i) meet specified objective | ||
qualifications for that representation, which may be graduated | ||
according to the degree of seriousness of the offense and whether | ||
representation will be provided in trial court proceedings, | ||
appellate proceedings, or both; | ||
(ii) in a county with a population of | ||
250,000 or more, meet specified objective qualifications to | ||
represent a defendant with a mental illness; and | ||
(iii) [ |
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the judges of the county courts and statutory county courts trying | ||
misdemeanor cases in the county; | ||
(B) attorneys appointed using the alternative | ||
program to represent defendants in felony cases: | ||
(i) meet specified objective | ||
qualifications for that representation, which may be graduated | ||
according to the degree of seriousness of the offense and whether | ||
representation will be provided in trial court proceedings, | ||
appellate proceedings, or both; | ||
(ii) in a county with a population of | ||
250,000 or more, meet specified objective qualifications to | ||
represent a defendant with a mental illness; and | ||
(iii) [ |
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the judges of the district courts trying felony cases in the county; | ||
(C) appointments for defendants in capital cases | ||
in which the death penalty is sought comply with the requirements of | ||
Article 26.052; and | ||
(D) appointments are reasonably and impartially | ||
allocated among qualified attorneys. | ||
SECTION 2. Not later than December 1, 2017, the judges of | ||
the county courts, statutory county courts, and district courts in | ||
each county with a population of 250,000 or more shall update an | ||
appointment list or alternative program for appointing counsel, as | ||
applicable, to comply with Articles 26.04(e) and (g), Code of | ||
Criminal Procedure, as amended by this Act. | ||
SECTION 3. This Act takes effect September 1, 2017. |