Highlights 77th Texas Legislature - Senate

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JURISPRUDENCE
77 th Texas Legislature
Indigent Defense System - S.B. 7
by Senator Ellis, et al.
House Sponsors: Representative Hinojosa, et al.
Requires a court or the court’s designee to appoint counsel to an indigent defendant who is entitled to and
requests appointed counsel and against whom adversarial judicial proceedings have been initiated not later
than the end of the third working day after the date on the defendant's request for appointment of counsel
was received. In counties with a population of 250,000 or more, the appointment of counsel cannot be later
than the end of the first working day after the date the request was received.
Provides that if adversarial judicial proceedings have not been initiated against an indigent defendant,
counsel shall be appointed for the defendant immediately following the expiration of three working days
after the date on the defendant's request for appointment of counsel was received. In counties with a
population of 250,000 or more, counsel shall be appointed immediately following the expiration of one
working day after the date on which the defendant's request was received.
Provides that if an indigent defendant is released from custody prior to the appointment of counsel,
appointment of counsel is not required until the defendant's first court appearance or when adversarial
judicial proceedings are initiated, whichever comes first.
Authorizes a court to appoint new counsel to represent an indigent defendant for whom counsel is
appointed if the defendant is subsequently charged in the case with a different offense from that with which
the defendant was initially charged and good cause to appoint new counsel is stated on the record.
Requires that a person who is arrested be taken before a magistrate not later than 48 hours after the
person is arrested.
Requires a magistrate to inform the person arrested of the person's right to request the appointment of
counsel if the person cannot afford counsel and the procedures for requesting appointment. Provides for
the use of interpreters if the person does not understand English or is deaf and requires the magistrate to
ensure the person receives reasonable assistance in completing the necessary forms for requesting
appointment of counsel.
If the magistrate is not authorized to appoint counsel, the magistrate must, not later than 24 hours after the
person arrested requests appointment of counsel, transmit the forms requesting the appointment of counsel
to the court or to the court’s designee.
Requires a record to be kept of the magistrate informing the person of the right to request counsel, asking
the person whether the person wanted counsel appointed, and whether the person requested counsel.
Provides that a person who is arrested without a warrant and detained in jail for a misdemeanor, and for
whom a magistrate has not determined whether probable cause exists to believe that the person committed
the offense, must be released on bond in an amount not to exceed $5,000 not later than the 24th hour after
the person's arrest. If the arrest is for a felony, the person must be released on bond in an amount not to
exceed $10,000 not later than the 48th hour after the person's arrest. If the person is unable provide such
bond, the person must be released on personal bond.
Senate Research Center 184