Bill Text: TX HB1457 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to attorneys representing indigent defendants in certain criminal proceedings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2019-05-13 - Referred to Criminal Justice [HB1457 Detail]
Download: Texas-2019-HB1457-Engrossed.html
By: Dominguez | H.B. No. 1457 |
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relating to attorneys representing indigent defendants in certain | ||
criminal proceedings. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 26.04, Code of Criminal Procedure, is | ||
amended by adding Subsection (i-1) to read as follows: | ||
(i-1) Notwithstanding Subsection (j)(2) or any other law, | ||
an attorney may be appointed under this article to represent an | ||
indigent person for the sole purpose of providing counsel in | ||
relation to that person's appearance before a magistrate as | ||
required by Article 14.06(a), 15.17(a), or 15.18(a). The attorney | ||
may continue to represent the person following the proceeding if | ||
appointed for that purpose under the other provisions of this | ||
article. | ||
SECTION 2. Article 26.044, Code of Criminal Procedure, is | ||
amended by adding Subsection (i-1) to read as follows: | ||
(i-1) Notwithstanding Subsection (i)(1), an attorney | ||
engaged in the private practice of criminal law may be employed by a | ||
public defender's office on a part-time basis for the sole purpose | ||
of providing counsel in relation to an indigent person's appearance | ||
before a magistrate as required by Article 14.06(a), 15.17(a), or | ||
15.18(a). | ||
SECTION 3. The change in law made by this Act to Article | ||
26.04, Code of Criminal Procedure, 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 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |