Bill Text: TX HB3903 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to a state defense attorney to represent certain defendants in proceedings before state appellate courts and coordinate continuing legal education for criminal defense attorneys.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-21 - Referred to Criminal Jurisprudence [HB3903 Detail]
Download: Texas-2019-HB3903-Introduced.html
86R10137 YDB-F | ||
By: White | H.B. No. 3903 |
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relating to a state defense attorney to represent certain | ||
defendants in proceedings before state appellate courts and | ||
coordinate continuing legal education for criminal defense | ||
attorneys. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 22.301, Government Code, is amended to | ||
read as follows: | ||
Sec. 22.301. SALARIES OF OFFICERS AND PERSONNEL OF | ||
APPELLATE COURTS. The salaries of the state prosecuting attorney, | ||
the state defense attorney, and the clerks, other officers, and | ||
employees of the supreme court, court of criminal appeals, and | ||
courts of appeals shall be determined by the legislature in its | ||
appropriation acts for the support of the judiciary. | ||
SECTION 2. The heading to Chapter 42, Government Code, is | ||
amended to read as follows: | ||
CHAPTER 42. STATE ATTORNEYS [ |
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SECTION 3. The heading to Section 42.001, Government Code, | ||
is amended to read as follows: | ||
Sec. 42.001. STATE PROSECUTING ATTORNEY: OFFICE; | ||
QUALIFICATIONS. | ||
SECTION 4. Chapter 42, Government Code, is amended by | ||
adding Section 42.0015 to read as follows: | ||
Sec. 42.0015. STATE DEFENSE ATTORNEY: OFFICE; | ||
QUALIFICATIONS. (a) The court of criminal appeals shall appoint a | ||
state defense attorney to represent certain criminal defendants in | ||
proceedings before the court, subject to Subsection (c). The state | ||
defense attorney may represent criminal defendants at any stage of | ||
a criminal case before a state court of appeals or in any proceeding | ||
that may potentially be heard by the court of criminal appeals. | ||
(b) A person appointed to the office of state defense | ||
attorney must have at least five years' experience as an attorney in | ||
the practice of criminal law in this state and have the | ||
qualifications described in Section 78.004(b). | ||
(c) A state defense attorney must be chosen from the list of | ||
names received by the committee established in accordance with | ||
Section 42.008. | ||
SECTION 5. Section 42.002, Government Code, is amended to | ||
read as follows: | ||
Sec. 42.002. OATH; TERM. (a) The state prosecuting | ||
attorney and the state defense attorney must take the oath required | ||
of state officials. | ||
(b) The state prosecuting attorney and the state defense | ||
attorney each serve [ |
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qualified. | ||
SECTION 6. Section 42.003, Government Code, is amended to | ||
read as follows: | ||
Sec. 42.003. ASSISTANT [ |
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state attorneys appointed under this chapter [ |
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attorneys. An assistant [ |
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under this chapter has the same duties and serves the same term of | ||
office as the state prosecuting attorney or state defense attorney | ||
who appointed the assistant. | ||
SECTION 7. Section 42.004, Government Code, is amended to | ||
read as follows: | ||
Sec. 42.004. REMOVAL. The court of criminal appeals may | ||
remove state [ |
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from office for good cause. | ||
SECTION 8. Chapter 42, Government Code, is amended by | ||
adding Sections 42.006, 42.007, and 42.008 to read as follows: | ||
Sec. 42.006. COOPERATION WITH OTHER CRIMINAL DEFENSE | ||
ATTORNEYS. (a) The state defense attorney on request of a | ||
defendant may assist a criminal defense attorney or public defender | ||
in representing a defendant before an appellate court in any | ||
proceeding that may potentially be heard by the court of criminal | ||
appeals. | ||
(b) A criminal defense attorney or public defender may | ||
assist the state defense attorney in representing the defendant | ||
before the court of criminal appeals. | ||
(c) The state defense attorney may decline to represent a | ||
defendant for any ethically appropriate reason, including the state | ||
defense attorney's lack of financial resources to adequately | ||
represent the defendant or belief that the defendant's issues on | ||
appeal lack merit. | ||
Sec. 42.007. COORDINATION OF CONTINUING LEGAL EDUCATION FOR | ||
CRIMINAL DEFENSE ATTORNEYS. (a) The state defense attorney may | ||
coordinate the continuing legal education of criminal defense | ||
attorneys and public defenders. | ||
(b) The state defense attorney shall consult with the court | ||
of criminal appeals to determine appropriate continuing legal | ||
education curriculum for criminal defense attorneys and public | ||
defenders. | ||
Sec. 42.008. COMMITTEE TO RECOMMEND QUALIFIED STATE | ||
DEFENSE ATTORNEY. (a) The committee to recommend a qualified state | ||
defense attorney is established. | ||
(b) The committee is composed of the members serving on the | ||
capital and forensic writs committee appointed under Section | ||
78.003. | ||
(c) When a vacancy exists in the office of state defense | ||
attorney, the committee shall provide to the court of criminal | ||
appeals a list of the names of at least two and not more than five | ||
persons the committee recommends for the office. | ||
(d) Each person the committee recommends must meet the | ||
qualifications established by Section 42.0015(b). | ||
SECTION 9. This Act takes effect September 1, 2019. |