Bill Text: TX HB277 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the appointment of counsel to represent indigent defendants in criminal cases.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-08 - Withdrawn from schedule [HB277 Detail]
Download: Texas-2021-HB277-Introduced.html
87R2045 MAW-F | ||
By: Collier | H.B. No. 277 |
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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 [ |
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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), [ |
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judicial proceedings have been initiated against an indigent [ |
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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 | ||
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to the appointment of counsel under this article [ |
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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 [ |
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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 [ |
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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. |