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A BILL TO BE ENTITLED
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AN ACT
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relating to the standards for attorneys representing indigent |
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defendants in certain capital felony cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 26.052(d)(2) and (3), Code of Criminal |
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Procedure, are amended to read as follows: |
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(2) The standards must require that a trial attorney |
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appointed as lead counsel to a capital case: |
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(A) be a member of the State Bar of Texas; |
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(B) exhibit proficiency and commitment to |
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providing quality representation to defendants in death penalty |
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cases; |
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(C) have not been found by a federal or state |
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court to have rendered ineffective assistance of counsel during the |
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trial or appeal of any capital case, unless the local selection |
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committee determines under Subsection (n) that the conduct |
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underlying the finding no longer accurately reflects the attorney's |
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ability to provide effective representation; |
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(D) have at least five years of criminal law |
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experience; |
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(E) have tried to a verdict as lead defense |
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counsel a significant number of felony cases, including homicide |
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trials and other trials for offenses punishable as second or first |
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degree felonies or capital felonies; |
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(F) have trial experience in[: |
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[(i)] the use of and challenges to mental |
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health or forensic expert witnesses[;] and have: |
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(i) trial experience in [(ii)] |
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investigating and presenting mitigating evidence at the penalty |
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phase of a death penalty trial, regardless of whether: |
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(a) the case resulted in a judgment or |
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dismissal; or |
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(b) the state subsequently waived the |
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death penalty in the case; or |
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(ii) an equivalent amount of trial |
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experience, as determined by the local selection committee; and |
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(G) have participated in continuing legal |
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education courses or other training relating to criminal defense in |
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death penalty cases. |
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(3) The standards must require that an attorney |
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appointed as lead appellate counsel in the direct appeal of a |
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capital case: |
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(A) be a member of the State Bar of Texas; |
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(B) exhibit proficiency and commitment to |
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providing quality representation to defendants in death penalty |
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cases; |
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(C) have not been found by a federal or state |
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court to have rendered ineffective assistance of counsel during the |
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trial or appeal of any capital case, unless the local selection |
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committee determines under Subsection (n) that the conduct |
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underlying the finding no longer accurately reflects the attorney's |
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ability to provide effective representation; |
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(D) have at least five years of criminal law |
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experience; |
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(E) have authored a significant number of |
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appellate briefs, including appellate briefs for homicide cases and |
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other cases involving an offense punishable as a capital felony or a |
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felony of the first degree or an offense described by Article |
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42A.054(a); |
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(F) have trial or appellate experience in[: |
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[(i)] the use of and challenges to mental |
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health or forensic expert witnesses[;] and have: |
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(i) trial or appellate experience in [(ii)] |
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the use of mitigating evidence at the penalty phase of a death |
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penalty trial, regardless of whether: |
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(a) the case resulted in a judgment or |
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dismissal; or |
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(b) the state subsequently waived the |
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death penalty in the case; or |
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(ii) an equivalent amount of trial or |
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appellate experience, as determined by the local selection |
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committee; and |
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(G) have participated in continuing legal |
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education courses or other training relating to criminal defense in |
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appealing death penalty cases. |
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SECTION 2. The change in law made by this Act applies only |
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to a capital felony case that is filed on or after the effective |
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date of this Act. A capital felony case that is filed before the |
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effective date of this Act is governed by the law in effect on the |
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date the case was filed, and the former law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |