2012 House Bill 5804

Establish statewide indigent criminal defense standards

Introduced in the House

Aug. 15, 2012

Introduced by Rep. Tom McMillin (R-45)

To create a commission to establish statewide standards and accountability measures for court-appointed attorneys who represent indigent criminal defendants, and create a new state office to implement and enforce these. Local governments would be responsible for funding this at current levels (“maintenance of effort”), with some additional spending required by new standards covered by the state, unless local spending was below minimum levels the commission would determine.

Referred to the Committee on Judiciary

Sept. 20, 2012

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

Nov. 8, 2012

Substitute offered

The substitute passed by voice vote

Amendment offered by Rep. Ken Horn (R-94)

To prohibit a local government from paying for any increased spending required by the bill by reducing the budget of its prosecuting attorney.

The amendment failed by voice vote

Amendment offered by Rep. Ken Horn (R-94)

To require the state to pay a local government's prosecuting attorney office the same amount it pays to bring the local's spending on indigent defense up to the minimum level determined by the commission.

The amendment failed by voice vote

Passed in the House 71 to 36 (details)

To create a commission to establish statewide standards and accountability measures for court-appointed attorneys who represent indigent criminal defendants, and a new state office to implement and enforce these. Local governments would be responsible for funding this at current levels (“maintenance of effort”), with the state paying for any additional spending required by new standards, unless the local spending is below minimum levels to be determined by the proposed commission.

Received in the Senate

Nov. 27, 2012

Referred to the Committee on Judiciary