Special Events - Voice For The Defense Online

As of the wv~iting of tlus coluai~i, the Legislature is passing eniergency legislation regarding a bill ensuringthat defe~idants a ~ ianmtes d WIIO seek to establisli the^ innocence through DM liae access to the testing.Membe~s Bill Allison and Mike Cllarlto~i made outstanding and pe~suasive presentations v to tile HouseConinlittee on IIR 1474 (Himlojosa), and Judge Charlie Bshd dso spoke authoritati ely to the issue. TheSenate, meaiwl~ile, prepares to approw SB 3 (Duncan).Tlie Texas Yaiiily Violence Council has been busy wit11 bills to regulate dating tlu~ougl~ protective orden,aU but elinlinating sudden pnssioli UI ~inurder cases, aid requiring ji~dges to notify prosecutors before theyreduce ball. \Ve ltave opposed all of tliese propos~ls.Senator Du~ican filed Seeate Rill 582, which mould pennit judges to order illat we get copies of vitnessstatements and police reports.life without parole as a tliird option for juries hasn't been called up yet, but prosecutors fro111 Harris andDento~l counties oppose tile bill, wllile many other proseci~to~s either s~~pport it or have no opposition.Bills to ban the execution of the mentally retarded also ltan't been called up, but is expected to be soon.Senator Shapleigh fled Senate Bill 242 ~vluch \vould make pretest searclles and sein~resubject to theexclusio~~a~yrule, but that bill is now expected to be limited to stops made on the basis of communiiycaretaking.Finally, one of the most far.raching biUs to effect 11ow poor people are represented in criaiiod courts isSB 7, filed by Senator Ellis. Tlie biU provides for mininlom sr;in(lards for counsel, a neutral md objectivebnsis for appointing coo~isel, as well as reqiiire~ae~its for prompt determinations of indigency, fasterappointment and fliat appointed counsel contact their clients espetlitiously It could dso create m officeto oversee coi~nty conipliaice wit11 the standards and give grants lo counties who meet the standards. Anindigent assisklnce progixm \vould also be created for lanyen h need hxidling capitd md firstdegreefelonies.CAPClOLCORNERFor tllose with Internet capabilities, you call go lo Tesas Legislatiire O~lline and rmd the bills and niuchmore. i\s idways, feel bee to emd nme nit11 obse~mtioas, concerlis and advice. I certainly absorb it and itis wiy useful. kid tllanks to ewyone who responded to my reqi~est for disco~~y iliforniatiol~: it has beenweU used.Here is a selection of sonie of the bills that are heady being considered for enactmetit:DWIHJR12 McClendon (constihltiond amendment to permit the denid of bail to certain persons charged withconmulling intoxication manshlghter)SB 56 ZafthYni (creating a presumption regarding a person's dcol~ol concentration level for pulyoses ofthe adnlinistntive suspension of the pelson's rlriver's license)SB 57 Z&rini (relating to the e~iorl of the suspension of a driver's license on refi~sd to give a specitnenof the person's breath or blooi 'SB 58 Zafhiai (information provided by ;I peace oficer to a person arrested for certain dcol~ol-relatedoffenses)FIB 63 \VoIens (suspension of a penon's driver's license following the person's arrest for certain iiitoficationoffenses)1 14 1 VOICE FOR THE DEFENSE I M ..TCDIA.COM I hlARCH 2.001