Bill Text: TX HB1318 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the appointment of counsel to represent certain youths and indigent defendants.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2013-06-14 - See remarks for effective date [HB1318 Detail]
Download: Texas-2013-HB1318-Enrolled.html
H.B. No. 1318 |
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relating to the appointment of counsel to represent certain youths | ||
and indigent defendants. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. (a) Effective September 1, 2014, Article | ||
26.04(j), Code of Criminal Procedure, is amended to read as | ||
follows: | ||
(j) An attorney appointed under this article shall: | ||
(1) make every reasonable effort to contact the | ||
defendant not later than the end of the first working day after the | ||
date on which the attorney is appointed and to interview the | ||
defendant as soon as practicable after the attorney is appointed; | ||
(2) represent the defendant until charges are | ||
dismissed, the defendant is acquitted, appeals are exhausted, or | ||
the attorney is permitted or ordered by the court to withdraw as | ||
counsel for the defendant after a finding of good cause is entered | ||
on the record; [ |
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(3) with respect to a defendant not represented by | ||
other counsel, before withdrawing as counsel for the defendant | ||
after a trial or the entry of a plea of guilty: | ||
(A) advise the defendant of the defendant's right | ||
to file a motion for new trial and a notice of appeal; | ||
(B) if the defendant wishes to pursue either or | ||
both remedies described by Paragraph (A), assist the defendant in | ||
requesting the prompt appointment of replacement counsel; and | ||
(C) if replacement counsel is not appointed | ||
promptly and the defendant wishes to pursue an appeal, file a timely | ||
notice of appeal; and | ||
(4) not later than October 15 of each year and on a | ||
form prescribed by the Texas Indigent Defense Commission, submit to | ||
the county information, for the preceding fiscal year, that | ||
describes the percentage of the attorney's practice time that was | ||
dedicated to work based on appointments accepted in the county | ||
under this article and Title 3, Family Code. | ||
(b) The change in law made by this section to Article | ||
26.04(j), Code of Criminal Procedure, applies only to a criminal | ||
proceeding that commences on or after September 1, 2014. A criminal | ||
proceeding that commences before September 1, 2014, is governed by | ||
the law in effect when the proceeding commenced, and the former law | ||
is continued in effect for that purpose. | ||
SECTION 2. Article 26.044, Code of Criminal Procedure, is | ||
amended by amending Subsection (j) and adding Subsections (j-1) and | ||
(j-2) to read as follows: | ||
(j) A public defender's office may not accept an appointment | ||
under Article 26.04(f) if: | ||
(1) a conflict of interest exists that has not been | ||
waived by the client; | ||
(2) the public defender's office has insufficient | ||
resources to provide adequate representation for the defendant; | ||
(3) the public defender's office is incapable of | ||
providing representation for the defendant in accordance with the | ||
rules of professional conduct; | ||
(4) the acceptance of the appointment would violate | ||
the maximum allowable caseloads established at the public | ||
defender's office; or | ||
(5) [ |
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good cause for not accepting the appointment. | ||
(j-1) On refusing an appointment under Subsection (j), a | ||
chief public defender shall file with the court a written statement | ||
that identifies any reason for refusing the appointment. The court | ||
shall determine whether the chief public defender has demonstrated | ||
adequate good cause for refusing the appointment and shall include | ||
the statement with the papers in the case. | ||
(j-2) A chief public defender may not be terminated, | ||
removed, or sanctioned for refusing in good faith to accept an | ||
appointment under Subsection (j). | ||
SECTION 3. Section 51.101(a), Family Code, is amended to | ||
read as follows: | ||
(a) If an attorney is appointed under Section 54.01(b-1) or | ||
(d) to represent a child at the initial detention hearing and the | ||
child is detained, the attorney shall continue to represent the | ||
child until the case is terminated, the family retains an attorney, | ||
or a new attorney is appointed by the juvenile court. Release of | ||
the child from detention does not terminate the attorney's | ||
representation. | ||
SECTION 4. Section 54.01, Family Code, is amended by adding | ||
Subsection (b-1) and amending Subsection (d) to read as follows: | ||
(b-1) Unless the court finds that the appointment of counsel | ||
is not feasible due to exigent circumstances, the court shall | ||
appoint counsel within a reasonable time before the first detention | ||
hearing is held to represent the child at that hearing. | ||
(d) A detention hearing may be held without the presence of | ||
the child's parents if the court has been unable to locate them. If | ||
no parent or guardian is present, the court shall appoint counsel or | ||
a guardian ad litem for the child, subject to the requirements of | ||
Subsection (b-1). | ||
SECTION 5. Effective September 1, 2013, Section 79.036(a), | ||
Government Code, is amended to read as follows: | ||
(a) Not [ |
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odd-numbered year and in the form and manner prescribed by the | ||
commission, each county [ |
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[ |
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(1) a copy of all formal and informal rules and forms | ||
that describe the procedures used in the county to provide indigent | ||
defendants with counsel in accordance with the Code of Criminal | ||
Procedure, including the schedule of fees required under Article | ||
26.05 of that code; | ||
(2) any plan or proposal submitted to the | ||
commissioners court under Article 26.044, Code of Criminal | ||
Procedure; | ||
(3) any plan of operation submitted to the | ||
commissioners court under Article 26.047, Code of Criminal | ||
Procedure; | ||
(4) any contract for indigent defense services | ||
required under rules adopted by the commission relating to a | ||
contract defender program; | ||
(5) [ |
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proposals, or contracts previously submitted under this section; or | ||
(6) [ |
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plans, proposals, or contracts previously submitted under this | ||
section still remain in effect. | ||
SECTION 6. Effective September 1, 2014, Section 79.036, | ||
Government Code, is amended by adding Subsection (a-1) to read as | ||
follows: | ||
(a-1) Not later than November 1 of each year and in the form | ||
and manner prescribed by the commission, each county shall prepare | ||
and provide to the commission information that describes for the | ||
preceding fiscal year the number of appointments under Article | ||
26.04, Code of Criminal Procedure, and Title 3, Family Code, made to | ||
each attorney accepting appointments in the county, and information | ||
provided to the county by those attorneys under Article | ||
26.04(j)(4), Code of Criminal Procedure. | ||
SECTION 7. Sections 51.101(a) and 54.01, Family Code, as | ||
amended by this Act, apply only to a detention hearing that is held | ||
for a child taken into custody on or after the effective date of | ||
this Act. | ||
SECTION 8. (a) This section takes effect September 1, 2013. | ||
(b) Not later than January 1, 2015, the Texas Indigent | ||
Defense Commission shall conduct and publish a study for the | ||
purpose of determining guidelines for establishing a maximum | ||
allowable caseload for a criminal defense attorney that, when the | ||
attorney's total caseload, including appointments made under | ||
Article 26.04, Code of Criminal Procedure, appointments made under | ||
Title 3, Family Code, and other work, is considered, allows the | ||
attorney to give each indigent defendant the time and effort | ||
necessary to ensure effective representation. The study must be | ||
based on relevant policies, performance guidelines, and best | ||
practices. | ||
(c) In conducting the study under Subsection (b) of this | ||
section, the commission shall consult with criminal defense | ||
attorneys, criminal defense attorney associations, the judiciary, | ||
and any other organization engaged in the development of criminal | ||
indigent defense policy that the commission considers appropriate. | ||
SECTION 9. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1318 was passed by the House on May 9, | ||
2013, by the following vote: Yeas 134, Nays 0, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1318 on May 21, 2013, by the following vote: Yeas 143, Nays 0, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1318 was passed by the Senate, with | ||
amendments, on May 17, 2013, by the following vote: Yeas 29, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |