HBA-MSH S.B. 1789 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1789
By: Bivins
County Affairs
5/2/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, Randall County appoints private attorneys to represent indigent
persons at the expense of the county. Last year, Randall County spent
$560,000 for this purpose, $200,000 over the amount budgeted. This year,
Randall County has budgeted $496,000 for court appointed attorneys. It may
be more costeffective to have a public defender's office provide legal
defense to indigent persons. Senate Bill 1789 authorizes the Randall county
commissioners court to create a public defender's office.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 1789 amends the Code of Criminal Procedure to authorize the
commissioners court of Randall County to appoint an attorney to serve as a
public defender. The bill authorizes the public defender to employ
assistant public defenders, investigators, secretaries, and other necessary
personnel with the approval of the commissioners court. The bill prohibits
a public defender or assistant public defender from engaging in the private
practice of law. The bill requires the public defender or assistant public
defender to represent each indigent person who is charged with a criminal
offense in Randall County punishable by confinement or imprisonment, a
minor who is a party to a juvenile delinquency proceeding, or a person who
is entitled to representation under the Persons with Mental Retardation
Act, the Mental Health Code, or provisions relating to treatment of
chemically dependent persons. The bill sets forth provisions relating to
conflicts of interest between the public defender and the indigent person
and the investigation of the financial condition of an indigent person. The
bill authorizes the commissioners court to accept gifts and grants from any
source to finance an adequate and effective public defender program. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.