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