Bill Text: TX HB1383 | 2023-2024 | 88th Legislature | Engrossed


Bill Title: Relating to procedures in a criminal case after a defendant is found competent to stand trial and to consequences arising from certain violations of those procedures.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2023-05-05 - Referred to Criminal Justice [HB1383 Detail]

Download: Texas-2023-HB1383-Engrossed.html
 
 
  By: Rose H.B. No. 1383
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to procedures in a criminal case after a defendant is found
  competent to stand trial and to consequences arising from certain
  violations of those procedures.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 26.04(k), Code of Criminal Procedure, is
  amended to read as follows:
         (k)  A court may replace with other counsel an attorney who
  violates Subsection (j)(1) or fails to timely meet and confer with a
  defendant as required by Article 46B.084(a)(1) [with other
  counsel].  A majority of the judges of the county courts and
  statutory county courts or the district courts, as appropriate,
  trying criminal cases in the county may remove from consideration
  for appointment an attorney who intentionally or repeatedly
  violates Subsection (j)(1) or Article 46B.084(a)(1).
         SECTION 2.  Article 26.05, Code of Criminal Procedure, is
  amended by adding Subsection (i) to read as follows:
         (i)  The judge presiding over the proceedings or the director
  of a managed assigned counsel program under Article 26.047, as
  applicable, may disapprove a payment requested under this article
  for services performed for a case in which the appointed counsel
  fails to timely meet and confer with the defendant as required by
  Article 46B.084(a)(1).  On the appointed counsel's compliance with
  the meet and confer requirement, the presiding judge or director,
  as applicable, shall pay to the counsel the amount otherwise
  approved under this article and may not continue to disapprove the
  requested payment based solely on the disapproval permitted by this
  subsection.
         SECTION 3.  Section 23.101(a), Government Code, is amended
  to read as follows:
         (a)  Except as provided by Subsection (b-1), the trial courts
  of this state shall regularly and frequently set hearings and
  trials of pending matters, giving preference to hearings and trials
  of the following:
               (1)  temporary injunctions;
               (2)  criminal actions, with the following actions given
  preference over other criminal actions:
                     (A)  criminal actions against defendants who are
  detained in jail pending trial;
                     (B)  criminal actions involving a charge that a
  person committed an act of family violence, as defined by Section
  71.004, Family Code;
                     (C)  an offense under:
                           (i)  Section 21.02 or 21.11, Penal Code;
                           (ii)  Chapter 22, Penal Code, if the victim
  of the alleged offense is younger than 17 years of age;
                           (iii)  Section 25.02, Penal Code, if the
  victim of the alleged offense is younger than 17 years of age;
                           (iv)  Section 25.06, Penal Code;
                           (v)  Section 43.25, Penal Code; or
                           (vi)  Section 20A.02(a)(7), 20A.02(a)(8),
  or 20A.03, Penal Code;
                     (D)  an offense described by Article 62.001(6)(C)
  or (D), Code of Criminal Procedure; [and]
                     (E)  criminal actions against persons who are
  detained as provided by Section 51.12, Family Code, after transfer
  for prosecution in criminal court under Section 54.02, Family Code;
  and
                     (F)  criminal actions in which a defendant is
  found competent to stand trial under Article 46B.084, Code of
  Criminal Procedure;
               (3)  election contests and suits under the Election
  Code;
               (4)  orders for the protection of the family under
  Subtitle B, Title 4, Family Code;
               (5)  appeals of final rulings and decisions of the
  division of workers' compensation of the Texas Department of
  Insurance regarding workers' compensation claims and claims under
  the Federal Employers' Liability Act and the Jones Act;
               (6)  appeals of final orders of the commissioner of the
  General Land Office under Section 51.3021, Natural Resources Code;
               (7)  actions in which the claimant has been diagnosed
  with malignant mesothelioma, other malignant asbestos-related
  cancer, malignant silica-related cancer, or acute silicosis; and
               (8)  appeals brought under Section 42.01 or 42.015, Tax
  Code, of orders of appraisal review boards of appraisal districts
  established for counties with a population of less than 175,000.
         SECTION 4.  Section 33.032(a), Government Code, is amended
  to read as follows:
         (a)  Except as otherwise provided by this section and
  Sections 33.022(j), 33.0322, 33.0325, and [Section] 33.034, the
  papers filed with and proceedings before the commission are
  confidential prior to the filing of formal charges.
         SECTION 5.  Subchapter B, Chapter 33, Government Code, is
  amended by adding Section 33.0325 to read as follows:
         Sec. 33.0325.  PUBLIC PAPERS AND PROCEEDINGS RELATED TO
  CERTAIN COMPLAINTS INVOLVING INCOMPETENCY PROCEEDINGS. The papers
  filed with and proceedings held before the commission in connection
  with the investigation and resolution of the following complaints
  filed with the commission shall be public information:
               (1)  a complaint alleging a judge failed to timely
  notify the attorney representing the state or the attorney for the
  defendant of a defendant's return, as required by Article
  46B.084(a)(1), Code of Criminal Procedure; and
               (2)  a complaint alleging a judge failed to give
  preference to a criminal action described by Section
  23.101(a)(2)(F) as required by that section.
         SECTION 6.  Articles 26.04 and 26.05, Code of Criminal
  Procedure, as amended by this Act, apply to a criminal case in which
  the indictment or information is filed before, on, or after the
  effective date of this Act.
         SECTION 7.  Section 33.0325, Government Code, as added by
  this Act, applies only to a complaint filed on or after the
  effective date of this Act.  A complaint filed before the effective
  date of this Act is governed by the law in effect on the date the
  complaint was filed, and the former law is continued in effect for
  that purpose.
         SECTION 8.  This Act takes effect September 1, 2023.
feedback