78S10008 GWK-F

By:  Keel                                                         H.B. No. 19 



A BILL TO BE ENTITLED

AN ACT

relating to the appointment of counsel for an indigent applicant 
for a writ of habeas corpus in a capital case.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 2(c) and (d), Article 11.071, Code of 
Criminal Procedure, are amended to read as follows:
	(c)  At the earliest practical time, but in no event later 
than 30 days, after the convicting court makes the findings 
required under Subsections (a) and (b), the convicting court shall 
appoint competent counsel that meets the requirements of Subsection 
(d)(2), unless the applicant elects to proceed pro se or is 
represented by retained counsel.  The convicting court may also 
appoint an attorney to assist an attorney appointed as lead counsel 
in the case.  The assisting attorney is required to meet the 
requirements of Subsections (d)(2)(A) and (F) but is not required 
to meet the requirements of Subsections (d)(2)(B)-(E). On 
appointing counsel under this section, the convicting court shall 
immediately notify the court of criminal appeals of the 
appointment, including in the notice a copy of the judgment and the 
name, address, and telephone number of the appointed counsel.
	(d)(1)  The Task Force on Indigent Defense [court of criminal 
appeals] shall adopt standards [rules] for the appointment of 
attorneys as counsel under this section [and the convicting court 
may appoint an attorney as counsel under this section only if the 
appointment is approved by the court of criminal appeals in any 
manner provided by those rules].
		(2)  The standards must require that an attorney 
appointed as lead counsel under this section:
			(A)  be a member of the State Bar of Texas;                           
			(B)  exhibit proficiency and commitment to 
providing quality representation to defendants or applicants 
seeking relief in death penalty cases;
			(C)  have at least five years of experience in 
criminal trial litigation, appellate practice, or habeas corpus 
practice;
			(D)  have, in the three years preceding the 
appointment, appeared in federal or state court as counsel in at 
least three trial, appellate, or habeas corpus proceedings for 
offenses punished as felonies of the first degree or capital 
felonies;
			(E)  have, in the year preceding the appointment, 
participated in continuing legal education courses or other 
training relating to criminal defense or habeas corpus proceedings 
in death penalty cases; and
			(F)  not have been found by a federal or state 
court to have rendered ineffective assistance of counsel during the 
trial or appeal of any felony case.
		(3)  The Task Force on Indigent Defense may maintain a 
list of attorneys qualified for appointment under this section and 
make that list available to a convicting court for the purpose of 
assisting that court with the appointment of qualified counsel 
under this section.
		(4)  The convicting court may not appoint an attorney 
as counsel under this section if the attorney represented the 
applicant at trial or on direct appeal, unless:
			(A)  the applicant and the attorney request the 
appointment on the record; and
			(B)  the court finds good cause to make the 
appointment.            
	SECTION 2.  Section 71.060(c), Government Code, is amended 
to read as follows:
	(c)  Any qualification standards adopted by the Task Force on 
Indigent Defense under Subsection (a) that relate to the 
appointment of counsel in a death penalty case must be consistent 
with the standards specified under Section 2, Article 11.071, or
Article 26.052(d), Code of Criminal Procedure, as appropriate.  An 
attorney who is identified by the task force as not satisfying 
performance or qualification standards adopted by the task force 
under Subsection (a) may not accept an appointment in a capital 
case.
	SECTION 3.  The Task Force on Indigent Defense shall adopt 
standards described by Section 2(d), Article 11.071, Code of 
Criminal Procedure, as amended by this Act, not later than the 60th 
day after the effective date of this Act.
	SECTION 4.  A convicting court that appoints counsel under 
Section 2, Article 11.071, Code of Criminal Procedure, on or after 
the 75th day after the effective date of this Act shall appoint the 
counsel in conformity with this Act.  Counsel appointed under 
Section 2, Article 11.071, before the 75th day after the effective 
date of this Act must be appointed in conformity with Section 2, 
Article 11.071, as that section existed immediately before the 
effective date of this Act, and the former law is continued in 
effect for this purpose.
	SECTION 5.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect November 1, 2003.