Bill Text: TX HB277 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to the appointment of counsel to represent indigent defendants in criminal cases.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2021-03-08 - Withdrawn from schedule [HB277 Detail]

Download: Texas-2021-HB277-Introduced.html

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87R2045 MAW-F
By: Collier H.B. No. 277

A BILL TO BE ENTITLED
AN ACT
relating to the appointment of counsel to represent indigent
defendants in criminal cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 1.051(c) and (j), Code of Criminal
Procedure, are amended to read as follows:
(c) An indigent defendant is entitled to have an attorney
appointed to represent the defendant [him] in any adversary
judicial proceeding that may result in punishment by confinement
and in any other criminal proceeding if the court concludes that the
interests of justice require representation. A defendant's
appearance before a magistrate under Article 15.17 is an initial
appearance that constitutes the initiation of adversarial judicial
proceedings against the defendant and, for an indigent defendant,
requires the appointment of counsel in accordance with this
article. Subject to Subsection (c-1), [if an indigent defendant is
entitled to and requests appointed counsel and] if adversarial
judicial proceedings have been initiated against an indigent [the]
defendant who has requested appointment of counsel, or if the
interests of justice require the appointment of counsel, a court or
the courts' designee authorized under Article 26.04 to appoint
counsel for indigent defendants in the county in which the
defendant is arrested shall appoint counsel as soon as possible,
but not later than:
(1) the end of the third working day after the date on
which the court or the courts' designee receives the defendant's
request for appointment of counsel, if the defendant is arrested in
a county with a population of less than 250,000; or
(2) the end of the first working day after the date on
which the court or the courts' designee receives the defendant's
request for appointment of counsel, if the defendant is arrested in
a county with a population of 250,000 or more.
(j) Notwithstanding any other provision of this article
[section], if an indigent defendant is released from custody prior
to the appointment of counsel under this article [section], if the
defendant has not been taken before a magistrate under Article
15.17, and if adversarial judicial proceedings have not otherwise
been initiated against the defendant, the court in which the
defendant's case is pending shall provide a method by which the
defendant may request that counsel be appointed not later than the
end of the first working day after any subsequent arrest or citation
of the defendant. If a defendant is entitled to and requests
appointed counsel before [appointment of counsel is not required
until] the defendant's first court appearance for the subsequent
arrest or citation, the court or the courts' designee authorized
under Article 26.04 to appoint counsel for indigent defendants in
the county in which the defendant is arrested or cited shall appoint
counsel as soon as possible to ensure the defendant is represented
by counsel at the first court appearance [or when adversarial
judicial proceedings are initiated, whichever comes first].
SECTION 2. The change in law made by this Act applies only
to a person who is arrested on or after the effective date of this
Act. A person arrested before the effective date of this Act is
governed by the law in effect on the date the person was arrested,
and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.