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) 2019-05-13 - Referred to Criminal Justice [HB1457 Detail]

Download: Texas-2019-HB1457-Engrossed.html
 
 
  By: Dominguez H.B. No. 1457
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
 
  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.
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