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