Bill Text: TX SB583 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the appointment of a local public defender's office to represent indigent defendants in criminal cases.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [SB583 Detail]
Download: Texas-2019-SB583-Enrolled.html
S.B. No. 583 |
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relating to the appointment of a local public defender's office to | ||
represent indigent defendants in criminal cases. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 26.04, Code of Criminal Procedure, is | ||
amended by amending Subsections (a) and (f) to read as follows: | ||
(a) The judges of the county courts, statutory county | ||
courts, and district courts trying criminal cases in each county, | ||
by local rule, shall adopt and publish written countywide | ||
procedures for timely and fairly appointing counsel for an indigent | ||
defendant in the county arrested for, charged with, or taking an | ||
appeal from a conviction of a misdemeanor punishable by confinement | ||
or a felony. The procedures must be consistent with this article | ||
and Articles 1.051, 15.17, 15.18, 26.05, and 26.052 and must | ||
provide for the priority appointment of a public defender's office | ||
as described by Subsection (f). A court shall appoint an attorney | ||
from a public appointment list using a system of rotation, unless | ||
the court appoints an attorney under Subsection (f), (f-1), (h), or | ||
(i). The court shall appoint attorneys from among the next five | ||
names on the appointment list in the order in which the attorneys' | ||
names appear on the list, unless the court makes a finding of good | ||
cause on the record for appointing an attorney out of order. An | ||
attorney who is not appointed in the order in which the attorney's | ||
name appears on the list shall remain next in order on the list. | ||
(f) In a county with [ |
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courts' designee shall give priority in appointing that office to | ||
represent the defendant in the criminal proceeding, including a | ||
proceeding in a capital murder case. However, the court is not | ||
required to appoint the public defender's office if: | ||
(1) the court makes a finding of good cause for | ||
appointing [ |
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a capital murder case, the court makes a finding of good cause on | ||
the record for appointing that counsel; [ |
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(2) the appointment would be contrary to the office's | ||
written plan under Article 26.044; | ||
(3) the office is prohibited from accepting the | ||
appointment under Article 26.044(j); or | ||
(4) a managed assigned counsel program also exists in | ||
the county and an attorney will be appointed under that program. | ||
SECTION 2. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 583 passed the Senate on | ||
April 29, 2019, by the following vote: Yeas 27, Nays 4; | ||
May 23, 2019, Senate refused to concur in House amendment and | ||
requested appointment of Conference Committee; May 23, 2019, House | ||
granted request of the Senate; May 25, 2019, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 29, | ||
Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 583 passed the House, with | ||
amendment, on May 21, 2019, by the following vote: Yeas 124, | ||
Nays 17, two present not voting; May 23, 2019, House granted | ||
request of the Senate for appointment of Conference Committee; | ||
May 25, 2019, House adopted Conference Committee Report by the | ||
following vote: Yeas 118, Nays 17, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |