S.B. No. 2111 is a legislative bill aimed at improving legal representation for indigent individuals in Texas, particularly during proceedings before a magistrate. The bill amends Article 11.074 of the Code of Criminal Procedure to mandate the appointment of attorneys for eligible indigent defendants who present potentially meritorious claims for relief under a writ of habeas corpus, including claims of actual innocence or convictions under unconstitutional laws. It also introduces a new subsection defining a potentially meritorious claim and detailing the responsibilities of the appointed attorney. Additionally, the bill revises Articles 15.17 and 26.04 to clarify the appointment procedures for counsel, ensure that magistrates inform arrested individuals of their rights, and allows for videoconferencing in proceedings while maintaining records of communications.
Moreover, S.B. No. 2111 enhances the compensation and reimbursement processes for appointed counsel in criminal cases, stipulating reasonable fees based on case complexity and time spent on legal services. It requires judges or designated program directors to approve payment requests and expands reimbursable expenses to include travel and communication costs for defendants in distant correctional facilities. The bill also clarifies the appointment process for attorneys in cases with potential conflicts of interest and mandates counties to cover attorney compensation costs, with a reimbursement mechanism from the state. The changes are set to take effect on September 1, 2025, following successful passage in both the Senate and the House.
Statutes affected: Introduced: Government Code 79.037, Government Code 411.082, Government Code 411.1272, Transportation Code 79.031 (Transportation Code 79, Government Code 411, Government Code 79)
Senate Committee Report: Government Code 79.037, Government Code 411.082, Government Code 411.1272, Transportation Code 730.007 (Transportation Code 79, Transportation Code 730, Government Code 411, Government Code 79)
Engrossed: Government Code 411.082, Government Code 411.1272, Transportation Code 730.007 (Transportation Code 79, Transportation Code 730, Government Code 411, Government Code 79)
House Committee Report: Government Code 411.082, Government Code 411.1272, Transportation Code 730.007 (Transportation Code 79, Transportation Code 730, Government Code 411, Government Code 79)
Enrolled: Government Code 411.082, Government Code 411.1272, Transportation Code 730.007 (Transportation Code 79, Transportation Code 730, Government Code 411, Government Code 79)