S.B. No. 2111 is a legislative bill aimed at improving legal representation for indigent individuals in Texas, particularly during magistrate proceedings. It 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, defining such claims as those indicating actual innocence, guilt of a lesser offense, or conviction under an unconstitutional law. The bill also introduces provisions for the appointment of counsel, the use of videoconferencing for magistrate appearances, and ensures that defendants are informed of their rights. Additionally, it establishes guidelines for managing assigned counsel programs, emphasizing confidentiality and record retention for a minimum of two years post-judgment.

Moreover, the bill enhances compensation and support for attorneys representing indigent defendants by establishing reasonable attorney fees based on case complexity and experience, allowing reimbursement of expenses without prior court approval, and creating a repayment assistance program for education loans for attorneys in public defense roles in smaller counties. It also introduces a program for legal representation by students and recent graduates from higher education institutions, along with provisions for direct awards to support their participation. The bill allocates a percentage of certain tax revenues to a fair defense fund to support these initiatives and clarifies access to criminal history records for public defenders and managed assigned counsel programs. The act is set to take effect on September 1, 2025.

Statutes affected:
Introduced: Government Code 79.037, Government Code 411.082, Government Code 411.1272, Transportation Code 79.031 (Government Code 79, Government Code 411, Transportation Code 79)