SB632 - Relating to consequences arising from a failure by appointed counsel in a criminal case to timely meet and confer with the defendant after the defendant is found competent to stand trial.

  89R5029 JCG-D     By: Eckhardt S.B. No. 632       A BILL TO BE ENTITLED   AN ACT   relating to consequences arising from a failure by appointed   counsel in a criminal case to timely meet and confer with the   defendant after the defendant is found competent to stand trial.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 26.04(k), Code of Criminal Procedure, is   amended to read as follows:          (k)  A court may replace with other counsel an attorney who   violates Subsection (j)(1) or fails to timely meet and confer with a   defendant as required by Article 46B.084(a)(1) [ with other   counsel ].  A majority of the judges of the county courts and   statutory county courts or the district courts, as appropriate,   trying criminal cases in the county may remove from consideration   for appointment an attorney who intentionally or repeatedly   violates Subsection (j)(1) or Article 46B.084(a)(1) .          SECTION 2.  Article 26.05, Code of Criminal Procedure, is   amended by adding Subsection (i) to read as follows:           (i)     The judge presiding over the proceedings or the director   of a managed assigned counsel program under Article 26.047, as   applicable, may disapprove a payment requested under this article   for services performed for a case in which the appointed counsel   fails to timely meet and confer with the defendant as required by   Article 46B.084(a)(1).   On the appointed counsel's compliance with   the meet and confer requirement, the presiding judge or director,   as applicable, shall pay to the counsel the amount otherwise   approved under this article and may not continue to disapprove the   requested payment based solely on the disapproval permitted by this   subsection.          SECTION 3.  Articles 26.04 and 26.05, Code of Criminal   Procedure, as amended by this Act, apply to a criminal case in which   the indictment or information is filed before, on, or after the   effective date of this Act.          SECTION 4.  This Act takes effect September 1, 2025.