S.B. No. 2111 amends the Code of Criminal Procedure in Texas to improve legal representation for indigent defendants. The bill mandates that courts appoint attorneys to investigate and represent eligible defendants who present potentially meritorious claims for relief under a writ of habeas corpus, which may indicate actual innocence, guilt of a lesser offense, or conviction under an unconstitutional law. It also introduces provisions for appointing counsel during magistrate proceedings, ensuring defendants are informed of their rights and the process for requesting legal representation. Additionally, the definition of a "managed assigned counsel program" is expanded to include support services for appointed counsel, and it requires the maintenance of communication records between arrested individuals and magistrates for at least two years post-judgment.
Furthermore, the bill enhances compensation and reimbursement processes for appointed counsel, stipulating reasonable fees based on case complexity and time spent, while also allowing for the reimbursement of travel and communication costs. It clarifies the appointment process for attorneys in cases with potential conflicts of interest and mandates that counties cover attorney compensation costs, with a reimbursement mechanism from the state. The changes are set to take effect on September 1, 2025, and apply to expenses incurred on or after that date. The bill has passed both the Senate and the House and is awaiting the Governor's signature.
Statutes affected: Introduced: Government Code 79.037, Government Code 411.082, Government Code 411.1272, Transportation Code 79.031 (Government Code 411, Government Code 79, Transportation Code 79)
Senate Committee Report: Government Code 79.037, Government Code 411.082, Government Code 411.1272, Transportation Code 730.007 (Government Code 411, Government Code 79, Transportation Code 79, Transportation Code 730)
Engrossed: Government Code 411.082, Government Code 411.1272, Transportation Code 730.007 (Government Code 411, Government Code 79, Transportation Code 79, Transportation Code 730)
House Committee Report: Government Code 411.082, Government Code 411.1272, Transportation Code 730.007 (Government Code 411, Government Code 79, Transportation Code 79, Transportation Code 730)
Enrolled: Government Code 411.082, Government Code 411.1272, Transportation Code 730.007 (Government Code 411, Government Code 79, Transportation Code 79, Transportation Code 730)