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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [PROSECUTING ATTORNEY]
         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 [serves] a two-year term and continue
  [continues] to serve until a successor is appointed and has
  qualified.
         SECTION 6.  Section 42.003, Government Code, is amended to
  read as follows:
         Sec. 42.003.  ASSISTANT [STATE PROSECUTING] ATTORNEYS. The
  state attorneys appointed under this chapter [prosecuting
  attorney] may appoint one or more assistant [state prosecuting]
  attorneys. An assistant [state prosecuting] attorney appointed
  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 [prosecuting] attorneys appointed under this chapter
  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.
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