85R12091 SMT-F     By: Miles S.B. No. 1741       A BILL TO BE ENTITLED   AN ACT   relating to attorneys in certain counties who are qualified for   appointment to represent a defendant with a mental illness.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Articles 26.04(e) and (g), Code of Criminal   Procedure, are amended to read as follows:          (e)  In a county in which a court is required under   Subsection (a) to appoint an attorney from a public appointment   list:                (1)  the judges of the county courts and statutory   county courts trying misdemeanor cases in the county, by formal   action:                      (A)  shall:                            (i)  establish a public appointment list of   attorneys qualified to provide representation in the county in   misdemeanor cases punishable by confinement, including, in a county   with a population of 250,000 or more, a separate appointment list of   attorneys qualified to represent a defendant with a mental illness;   and                            (ii)  specify the objective qualifications   necessary for an attorney to be included on a [the] list under   Subparagraph (i); and                      (B)  may establish, if determined by the judges to   be appropriate, more than one appointment list graduated according   to the degree of seriousness of the offense, the attorneys'   qualifications, and whether representation will be provided in   trial court proceedings, appellate proceedings, or both; and                (2)  the judges of the district courts trying felony   cases in the county, by formal action:                      (A)  shall:                            (i)  establish a public appointment list of   attorneys qualified to provide representation in felony cases in   the county, including, in a county with a population of 250,000 or   more, a separate appointment list of attorneys qualified to   represent a defendant with a mental illness; and                            (ii)  specify the objective qualifications   necessary for an attorney to be included on a [the] list under   Subparagraph (i); and                      (B)  may establish, if determined by the judges to   be appropriate, more than one appointment list graduated according   to the degree of seriousness of the offense, the attorneys'   qualifications, and whether representation will be provided in   trial court proceedings, appellate proceedings, or both.          (g)  A countywide alternative program for appointing counsel   for indigent defendants in criminal cases is established by a   formal action in which two-thirds of the judges of the courts   designated under this subsection vote to establish the alternative   program.  An alternative program for appointing counsel in   misdemeanor and felony cases may be established in the manner   provided by this subsection by the judges of the county courts,   statutory county courts, and district courts trying criminal cases   in the county.  An alternative program for appointing counsel in   misdemeanor cases may be established in the manner provided by this   subsection by the judges of the county courts and statutory county   courts trying criminal cases in the county.  An alternative program   for appointing counsel in felony cases may be established in the   manner provided by this subsection by the judges of the district   courts trying criminal cases in the county.  In a county in which an   alternative program is established:                (1)  the alternative program may:                      (A)  use a single method for appointing counsel or   a combination of methods; and                      (B)  use a multicounty appointment list using a   system of rotation; and                (2)  the procedures adopted under Subsection (a) must   ensure that:                      (A)  attorneys appointed using the alternative   program to represent defendants in misdemeanor cases punishable by   confinement:                            (i)  meet specified objective   qualifications for that representation, which may be graduated   according to the degree of seriousness of the offense and whether   representation will be provided in trial court proceedings,   appellate proceedings, or both;                            (ii)  in a county with a population of   250,000 or more, meet specified objective qualifications to   represent a defendant with a mental illness; and                            (iii) [(ii)]  are approved by a majority of   the judges of the county courts and statutory county courts trying   misdemeanor cases in the county;                      (B)  attorneys appointed using the alternative   program to represent defendants in felony cases:                            (i)  meet specified objective   qualifications for that representation, which may be graduated   according to the degree of seriousness of the offense and whether   representation will be provided in trial court proceedings,   appellate proceedings, or both;                            (ii)  in a county with a population of   250,000 or more, meet specified objective qualifications to   represent a defendant with a mental illness; and                            (iii) [(ii)]  are approved by a majority of   the judges of the district courts trying felony cases in the county;                      (C)  appointments for defendants in capital cases   in which the death penalty is sought comply with the requirements of   Article 26.052; and                      (D)  appointments are reasonably and impartially   allocated among qualified attorneys.          SECTION 2.  Not later than December 1, 2017, the judges of   the county courts, statutory county courts, and district courts in   each county with a population of 250,000 or more shall update an   appointment list or alternative program for appointing counsel, as   applicable, to comply with Articles 26.04(e) and (g), Code of   Criminal Procedure, as amended by this Act.          SECTION 3.  This Act takes effect September 1, 2017.