S.B. No. 1681

	AN ACT
	relating to the appointment of counsel and the rights of an accused
	and other requirements for the purposes of appellate proceedings or
	community supervision revocation proceedings.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subsections (a), (c), (e), (g), (i), (j), and
	(o), Article 26.04, Code of Criminal Procedure, are amended to read
	as follows:
	(a)  The judges of the county courts, statutory county
	courts, and district courts trying criminal cases in each county,
	by local rule, shall adopt and publish written countywide
	procedures for timely and fairly appointing counsel for an indigent
	defendant in the county arrested for, [or] charged with, or taking
	an appeal from a conviction of a misdemeanor punishable by
	confinement or a felony. The procedures must be consistent with
	this article and Articles 1.051, 15.17, 26.05, and 26.052. A court
	shall appoint an attorney from a public appointment list using a
	system of rotation, unless the court appoints an attorney under
	Subsection (f), (h), or (i). The court shall appoint attorneys from
	among the next five names on the appointment list in the order in
	which the attorneys' names appear on the list, unless the court
	makes a finding of good cause on the record for appointing an
	attorney out of order. An attorney who is not appointed in the
	order in which the attorney's name appears on the list shall remain
	next in order on the list.
	(c)  Whenever a court or the courts' designee authorized
	under Subsection (b) to appoint counsel for indigent defendants in
	the county determines for purposes of a criminal proceeding that a
	defendant charged with or appealing a conviction of a felony or a
	misdemeanor punishable by confinement is indigent or that the
	interests of justice require representation of a defendant in the
	[a criminal] proceeding, the court or the courts' designee shall
	appoint one or more practicing attorneys to represent [defend] the
	defendant in accordance with this subsection and the procedures
	adopted under Subsection (a). If the court or the courts' designee
	determines that the defendant does not speak and understand the
	English language or that the defendant is deaf, the court or the
	courts' designee shall make an effort to appoint an attorney who is
	capable of communicating in a language understood by the defendant.
	(e)  In a county in which a court is required under
	Subsection (a) to appoint an attorney from a public appointment
	list:
	(1)  the judges of the county courts and statutory
	county courts trying misdemeanor cases in the county, by formal
	action:
	(A)  shall:
	(i)  establish a public appointment list of
	attorneys qualified to provide representation in the county in
	misdemeanor cases punishable by confinement; and
	(ii)  specify the objective qualifications
	necessary for an attorney to be included on the list; and
	(B)  may establish, if determined by the judges to
	be appropriate, more than one appointment list graduated according
	to the degree of seriousness of the offense, [and] the attorneys'
	qualifications, and whether representation will be provided in
	trial court proceedings, appellate proceedings, or both; and
	(2)  the judges of the district courts trying felony
	cases in the county, by formal action:
	(A)  shall:
	(i)  establish a public appointment list of
	attorneys qualified to provide representation in felony cases in
	the county; and
	(ii)  specify the objective qualifications
	necessary for an attorney to be included on the list; and
	(B)  may establish, if determined by the judges to
	be appropriate, more than one appointment list graduated according
	to the degree of seriousness of the offense, [and] the attorneys'
	qualifications, and whether representation will be provided in
	trial court proceedings, appellate proceedings, or both.
	(g)  A countywide alternative program for appointing counsel
	for indigent defendants in criminal cases is established by a
	formal action in which two-thirds of the judges of the courts
	designated under this subsection vote to establish the alternative
	program. An alternative program for appointing counsel in
	misdemeanor and felony cases may be established in the manner
	provided by this subsection by the judges of the county courts,
	statutory county courts, and district courts trying criminal cases
	in the county. An alternative program for appointing counsel in
	misdemeanor cases may be established in the manner provided by this
	subsection by the judges of the county courts and statutory county
	courts trying criminal cases in the county. An alternative program
	for appointing counsel in felony cases may be established in the
	manner provided by this subsection by the judges of the district
	courts trying criminal cases in the county. In a county in which an
	alternative program is established:
	(1)  the alternative program may:
	(A)  use a single method for appointing counsel or
	a combination of methods; and
	(B)  use a multicounty appointment list using a
	system of rotation; and
	(2)  the procedures adopted under Subsection (a) must
	ensure that:
	(A)  attorneys appointed using the alternative
	program to represent defendants in misdemeanor cases punishable by
	confinement:
	(i)  meet specified objective
	qualifications for that representation, which may be graduated
	according to the degree of seriousness of the offense and whether
	representation will be provided in trial court proceedings,
	appellate proceedings, or both[, for providing representation in
	misdemeanor cases punishable by confinement]; and
	(ii)  are approved by a majority of the
	judges of the county courts and statutory county courts trying
	misdemeanor cases in the county;
	(B)  attorneys appointed using the alternative
	program to represent defendants in felony cases:
	(i)  meet specified objective
	qualifications for that representation, which may be graduated
	according to the degree of seriousness of the offense and whether
	representation will be provided in trial court proceedings,
	appellate proceedings, or both[, for providing representation in
	felony cases]; and
	(ii)  are approved by a majority of the
	judges of the district courts trying felony cases in the county;
	(C)  appointments for defendants in capital cases
	in which the death penalty is sought comply with the requirements of
	Article 26.052; and
	(D)  appointments are reasonably and impartially
	allocated among qualified attorneys.
	(i)  A court or the courts' designee required under
	Subsection (c) to appoint an attorney to represent a defendant
	accused or convicted of a felony may appoint an attorney from any
	county located in the court's administrative judicial region.
	(j)  An attorney appointed under this article shall:
	(1)  make every reasonable effort to contact the
	defendant not later than the end of the first working day after the
	date on which the attorney is appointed and to interview the
	defendant as soon as practicable after the attorney is appointed;
	[and]
	(2)  represent the defendant until charges are
	dismissed, the defendant is acquitted, appeals are exhausted, or
	the attorney is permitted or ordered [relieved of his duties] by the
	court to withdraw as counsel for the defendant [or replaced by other
	counsel] after a finding of good cause is entered on the record; and
	(3)  with respect to a defendant not represented by
	other counsel, before withdrawing as counsel for the defendant
	after a trial or the entry of a plea of guilty:
	(A)  advise the defendant of the defendant's right
	to file a motion for new trial and a notice of appeal;
	(B)  if the defendant wishes to pursue either or
	both remedies described by Paragraph (A), assist the defendant in
	requesting the prompt appointment of replacement counsel; and
	(C)  if replacement counsel is not appointed
	promptly and the defendant wishes to pursue an appeal, file a timely
	notice of appeal.
	(o)  Before making a determination of whether a defendant is
	indigent, the court shall request the defendant to sign under oath a
	statement substantially in the following form:
	"On this ________ day of ____________, 20 ___, I have been advised
	by the (name of the court) Court of my right to representation by
	counsel in connection with [the trial of] the charge pending
	against me. I am without means to employ counsel of my own choosing
	and I hereby request the court to appoint counsel for me.
	(signature of the defendant)"
	SECTION 2.  Section 21, Article 42.12, Code of Criminal
	Procedure, is amended by amending Subsections (b) and (d) and
	adding Subsections (b-1) and (b-2) to read as follows:
	(b)  At any time during the period of community supervision
	the judge may issue a warrant for violation of any of the conditions
	of the community supervision and cause the defendant to be
	arrested. Any supervision officer, police officer or other officer
	with power of arrest may arrest such defendant with or without a
	warrant upon the order of the judge to be noted on the docket of the
	court.  Subject to Subsection (b-1), a  [A] defendant [so] arrested
	under this subsection may be detained in the county jail or other
	appropriate place of confinement until he can be taken before the
	judge for a determination regarding the alleged violation.  The
	arresting [Such] officer shall immediately [forthwith] report the
	[such] arrest and detention to the [such] judge.
	(b-1)  Without any unnecessary delay, but not later than 48
	hours after the person is arrested, the arresting officer or the
	person with custody of the arrested person shall take the arrested
	person before the judge who ordered the arrest for the alleged
	violation of a condition of community supervision or, if the judge
	is unavailable, before a magistrate of the county in which the
	person was arrested. The judge or magistrate shall perform all
	appropriate duties and may exercise all appropriate powers as
	provided by Article 15.17 with respect to an arrest for a new
	criminal offense, except that only the judge who ordered the arrest
	for the alleged violation may authorize the person's release on
	bail. The arrested person may be taken before the judge or
	magistrate under this subsection by means of an electronic
	broadcast system as provided by and subject to the requirements of
	Article 15.17.
	(b-2)  If the defendant has not been released on bail as
	permitted under Subsection (b-1), on motion by the defendant the
	judge who ordered the arrest for the alleged violation of a
	condition of community supervision shall cause the defendant to be
	brought before the judge for a hearing on the alleged violation
	within 20 days of filing of said motion, and after a hearing without
	a jury, may either continue, extend, modify, or revoke the
	community supervision. A judge may revoke the community
	supervision of a defendant who is imprisoned in a penal institution
	without a hearing if the defendant in writing before a court of
	record in the jurisdiction where imprisoned waives his right to a
	hearing and to counsel, affirms that he has nothing to say as to why
	sentence should not be pronounced against him, and requests the
	judge to revoke community supervision and to pronounce sentence.
	In a felony case, the state may amend the motion to revoke community
	supervision any time up to seven days before the date of the
	revocation hearing, after which time the motion may not be amended
	except for good cause shown, and in no event may the state amend the
	motion after the commencement of taking evidence at the hearing.
	The judge may continue the hearing for good cause shown by either
	the defendant or the state.
	(d)  A defendant has a right to counsel at a hearing under
	this section. The court shall appoint counsel for an indigent
	defendant in accordance with the procedures adopted under Article
	26.04.
	SECTION 3.  The change in law made by this Act applies only
	to a criminal proceeding that commences on or after the effective
	date of this Act.  A criminal proceeding that commences before the
	effective date of this Act is governed by the law in effect when the
	proceeding commenced, and the former law is continued in effect for
	that purpose.
	SECTION 4.  This Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1681 passed the Senate on
	April 29, 2011, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1681 passed the House on
	May 23, 2011, by the following vote:  Yeas 145, Nays 0, three
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor