Vetoed by Governor Greg Abbott

Vote Smart's Synopsis:

Vote to pass a bill that amends legal proceedings and representation for impoverished defendants in Texas.

Highlights:

• Requires a convicting court to appoint an attorney to investigate a claim and represent an impoverished defendant in the case that the state notifies the court that the defendant has a potentially meritorious claim for relief from a judgment (Sec. 1).

• Defines a “meritorious claim” as a claim that the court determines likely to provide relief, including that the defendant (Sec. 1):

• Is or may be innocent of the offense;

• Is or may be guilty only of a lesser offense;

• Was or may have been convicted or sentenced under a law that has been found unconstitutional; or

• Was or may have been convicted or sentenced in violation of the constitution of the state or the United States.

• Requires a videoconference option for proceedings of impoverished defendants, and for the magistrate to ensure that the defendant can connect to and understand the image and sound of the videoconference (Sec. 2).

• Requires the magistrate to appoint counsel or notify the appointing authority if an impoverished defendant is unable to understand or participate in a proceeding (Sec. 2).

• Requires records of communications between a magistrate and a defendant to be retained for at least two years after final judgment is entered in the case or when proceedings are terminated (Sec. 2).

• Authorizes the appointment of an attorney for the purpose of representing an impoverished person for the sole purpose of providing counsel for that individual’s appearance before a magistrate (Sec. 3).

• Specifies that the attorney appointed for counsel of an individual’s appearance before a magistrate may represent that person in subsequent proceedings only if appointed for that purpose (Sec. 3).

• Requires reimbursement for travel, food, and lodging for counsel in a non-capital case to travel to a defendant’s location of confinement if it is more than 50 miles from the court of their proceeding (Sec. 7).

• Requires reimbursement of a certified amount of expenses incurred by a public defender’s office in the representation of an impoverished defendant (Sec. 8).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends legal proceedings and representation for impoverished defendants in Texas.

Highlights:

• Requires a convicting court to appoint an attorney to investigate a claim and represent an impoverished defendant in the case that the state notifies the court that the defendant has a potentially meritorious claim for relief from a judgment (Sec. 1).

• Defines a “meritorious claim” as a claim that the court determines likely to provide relief, including that the defendant (Sec. 1):

• Is or may be innocent of the offense;

• Is or may be guilty only of a lesser offense;

• Was or may have been convicted or sentenced under a law that has been found unconstitutional; or

• Was or may have been convicted or sentenced in violation of the constitution of the state or the United States.

• Requires a videoconference option for proceedings of impoverished defendants, and for the magistrate to ensure that the defendant can connect to and understand the image and sound of the videoconference (Sec. 2).

• Requires the magistrate to appoint counsel or notify the appointing authority if an impoverished defendant is unable to understand or participate in a proceeding (Sec. 2).

• Requires records of communications between a magistrate and a defendant to be retained for at least two years after final judgment is entered in the case or when proceedings are terminated (Sec. 2).

• Authorizes the appointment of an attorney for the purpose of representing an impoverished person for the sole purpose of providing counsel for that individual’s appearance before a magistrate (Sec. 3).

• Specifies that the attorney appointed for counsel of an individual’s appearance before a magistrate may represent that person in subsequent proceedings only if appointed for that purpose (Sec. 3).

• Requires reimbursement for travel, food, and lodging for counsel in a non-capital case to travel to a defendant’s location of confinement if it is more than 50 miles from the court of their proceeding (Sec. 7).

• Requires reimbursement of a certified amount of expenses incurred by a public defender’s office in the representation of an impoverished defendant (Sec. 8).

Full Bill Text