Bill Text: TX SB1649 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the provision of funding for indigent defense services and to the representation of indigent defendants in criminal cases.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2019-05-21 - Placed on General State Calendar [SB1649 Detail]
Download: Texas-2019-SB1649-Comm_Sub.html
86R33009 AJZ-D | ||
By: Kolkhorst | S.B. No. 1649 | |
(Murr) | ||
Substitute the following for S.B. No. 1649: No. |
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relating to the provision of funding for indigent defense services | ||
and to the representation of indigent defendants in criminal cases. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 79.037(a), Government Code, is amended | ||
to read as follows: | ||
(a) The commission shall: | ||
(1) provide technical support to: | ||
(A) assist counties in improving their systems | ||
for providing indigent defense services, including indigent | ||
defense support services [ |
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(B) promote compliance by counties with the | ||
requirements of state law relating to indigent defense; | ||
(2) to assist a county in providing or improving the | ||
provision of indigent defense services in the county, distribute in | ||
the form of grants any funds appropriated for the purposes of this | ||
section to one or more of the following entities: | ||
(A) the county; | ||
(B) a law school's legal clinic or program that | ||
provides indigent defense services in the county; [ |
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(C) a regional public defender that meets the | ||
requirements of Subsection (e) and provides indigent defense | ||
services in the county; [ |
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(D) an entity described by Section 791.013 that | ||
provides to a county administrative services under an interlocal | ||
contract entered into for the purpose of providing or improving the | ||
provision of indigent defense services in the county; and | ||
(E) a nonprofit corporation that provides | ||
indigent defense services or indigent defense support services in | ||
the county; and | ||
(3) monitor each entity that receives a grant under | ||
Subdivision (2) and enforce compliance with the conditions of the | ||
grant, including enforcement by: | ||
(A) withdrawing grant funds; or | ||
(B) requiring reimbursement of grant funds by the | ||
entity. | ||
SECTION 2. Section 79.037(b), Government Code, as amended | ||
by Chapters 56 (S.B. 1353) and 476 (S.B. 1057), Acts of the 84th | ||
Legislature, Regular Session, 2015, is reenacted and amended to | ||
read as follows: | ||
(b) The commission shall determine for each county the | ||
entity or entities [ |
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funds for the provision of or improvement in the provision of | ||
indigent defense services under Subsection (a)(2). The | ||
determination must be made based on the entity's: | ||
(1) compliance with standards adopted by the board; | ||
and | ||
(2) demonstrated commitment to compliance with the | ||
requirements of state law relating to indigent defense. | ||
SECTION 3. Section 79.037(c), Government Code, as amended | ||
by Chapters 56 (S.B. 1353) and 476 (S.B. 1057), Acts of the 84th | ||
Legislature, Regular Session, 2015, is reenacted to read as | ||
follows: | ||
(c) The board shall adopt policies to ensure that funds | ||
under Subsection (a)(2) are allocated and distributed in a fair | ||
manner. | ||
SECTION 4. Subchapter C, Chapter 79, Government Code, is | ||
amended by adding Sections 79.043 and 79.044 to read as follows: | ||
Sec. 79.043. ESTABLISHMENT OF PUBLIC DEFENDERS' OFFICES. | ||
(a) In this section, "public defender's office" has the meaning | ||
assigned by Article 26.044, Code of Criminal Procedure. | ||
(b) The commission may encourage the creation of public | ||
defenders' offices and may offer financial and technical assistance | ||
to counties in the establishment, operation, and oversight of | ||
public defenders' offices. The commission may provide ongoing | ||
financial assistance to public defenders' offices, including | ||
regional public defenders' offices that serve more than one county. | ||
(c) The commission shall establish policies and standards | ||
for the operation and administration of a public defender's office. | ||
(d) Not later than November 1 of each even-numbered year, | ||
the commission shall submit to the governor and the legislature a | ||
report that includes: | ||
(1) the number of public defenders' offices | ||
established with the commission's assistance under this section; | ||
and | ||
(2) the number of counties that are not served by a | ||
public defender's office. | ||
Sec. 79.044. REVIEW OF ATTORNEY'S FEES. The commission | ||
shall conduct a biennial review of the schedule of fees adopted | ||
under Article 26.05, Code of Criminal Procedure, for the payment of | ||
attorneys appointed to represent an indigent defendant in criminal | ||
proceedings and the total amount of fees paid by counties to those | ||
attorneys to ensure that the attorney's fees are consistent and | ||
fair. | ||
SECTION 5. Section 79.037(e), Government Code, as added by | ||
Chapter 56 (S.B. 1353), Acts of the 84th Legislature, Regular | ||
Session, 2015, is repealed. | ||
SECTION 6. This Act takes effect September 1, 2019. |