C.S.H.B. 615 78(R)    BILL ANALYSIS


C.S.H.B. 615
By: Keel
Criminal Jurisprudence
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The appointment of attorneys to represent indigent capital murder
defendants in post conviction writs of habeas corpus calls for careful
consideration of the attorneys' experience and competence. The Task Force
on Indigent Defense is in a much better position to gauge the quality,
availability and effectiveness of attorneys eligible to be appointed on
such matters than a statewide appellate court. Under current law, the
Court of Criminal Appeals adopts rules for convicting courts to follow
when appointing attorneys and approves appointments made by such courts.
C.S.H.B. 615 would transfer the obligation to adopt standards for the
appointment of attorneys for such proceedings from the Court of Criminal
Appeals to the task force. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.H.B. 615 amends the Criminal Procedure and Government codes relating
to the appointment of counsel for an indigent applicant for a writ of
habeas corpus in a capital case. The bill transfers the obligation to
adopt standards for the appointment from the Court of Criminal Appeals to
the Task Force on Indigent Defense. The standards must require, among
other things, that the attorney have recent and relevant experience, have
participated in continuing legal education courses, and not have been
found to have rendered ineffective assistance of counsel. Furthermore, the
task force may maintain a list of attorneys qualified for appointment and
make the list available to the convicting court to assist with the
appointment. The court may not appoint an attorney who represented the
applicant at trial or on direct appeal unless both the attorney and the
applicant request the appointment and there is good cause to do so.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original by requiring the Task Force on
Indigent Defense, rather than the local selection committees, to adopt
standards for the appointment of counsel for an indigent applicant for a
writ of habeas corpus in a capital case. The substitute also sets forth
criteria which must be included in the standards and includes provisions
governing the appointment of an attorney who also represented the
applicant at trial or on direct appeal.