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AN ACT
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relating to representation of certain applicants for writs of |
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habeas corpus in cases involving the death penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 6, Article 11.071, Code of Criminal |
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Procedure, is amended by adding Subsections (b-1) and (b-2) to read |
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as follows: |
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(b-1) If the convicting court receives notice that the |
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requirements of Section 5(a) for consideration of a subsequent |
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application have been met and if the applicant has not elected to |
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proceed pro se and is not represented by retained counsel, the |
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convicting court shall appoint, in order of priority: |
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(1) the attorney who represented the applicant in the |
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proceedings under Section 5, if the attorney seeks the appointment; |
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(2) the office of capital writs, if the office |
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represented the applicant in the proceedings under Section 5 or |
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otherwise accepts the appointment; or |
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(3) counsel from a list of competent counsel |
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maintained by the presiding judges of the administrative judicial |
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regions under Section 78.056, Government Code, if the office of |
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capital writs: |
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(A) did not represent the applicant as described |
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by Subdivision (2); or |
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(B) does not accept or is prohibited from |
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accepting the appointment under Section 78.054, Government Code. |
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(b-2) Regardless of whether the subsequent application is |
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ultimately dismissed, compensation and reimbursement of expenses |
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for counsel appointed under Subsection (b-1) shall be provided as |
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described by Section 2, 2A, or 3, including compensation for time |
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previously spent and reimbursement of expenses previously incurred |
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with respect to the subsequent application. |
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SECTION 2. The change in law made by this Act applies to a |
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subsequent application for a writ of habeas corpus filed on or after |
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January 1, 2012. A subsequent application filed before January 1, |
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2012, is covered by the law in effect when the application was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1646 was passed by the House on May |
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13, 2011, by the following vote: Yeas 117, Nays 27, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1646 on May 27, 2011, by the following vote: Yeas 132, Nays 5, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1646 was passed by the Senate, with |
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amendments, on May 25, 2011, by the following vote: Yeas 28, Nays |
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3. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |