Bill Text: TX SB1046 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the reimbursement of expenses to certain counsel appointed to represent a defendant in a criminal proceeding.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-03 - Referred to Criminal Justice [SB1046 Detail]

Download: Texas-2023-SB1046-Introduced.html
  88R11925 AJZ-D
 
  By: Perry S.B. No. 1046
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the reimbursement of expenses to certain counsel
  appointed to represent a defendant in a criminal proceeding.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 26.05, Code of Criminal Procedure, is
  amended by amending Subsection (d) and adding Subsection (d-1) to
  read as follows:
         (d)  A counsel in a noncapital case, other than an attorney
  with a public defender's office, appointed to represent a defendant
  under this code shall be reimbursed for reasonable and necessary
  expenses, including expenses for:
               (1)  investigation;
               (2)  [and for] mental health and other experts; and
               (3)  if the defendant is confined in a correctional
  facility located more than 50 miles from the court in which the
  defendant's proceeding is pending:
                     (A)  travel to the defendant's location for a
  confidential communication and food and lodging related to that
  travel; and 
                     (B)  any costs associated with remotely entering
  into a confidential communication with the defendant.
         (d-1)  Expenses under Subsection (d) incurred with prior
  court approval shall be reimbursed in the same manner provided for
  capital cases by Articles 26.052(f) and (g), and expenses under
  Subsection (d) incurred without prior court approval shall be
  reimbursed in the manner provided for capital cases by Article
  26.052(h).
         SECTION 2.  The change in law made by this Act applies only
  to expenses incurred on or after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2023.
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