Amend HB 268 (2nd Reading Engrossment) on third reading as
follows:
(1) On page 1, line 5, strike "Sections 2(c) and (d)" and
substitute "Section 2".
(2) On page 1, line 6, strike "are amended" and substitute
"is amended by amending Subsections (c) and (d) and adding
Subsection (d-1)".
(3) Strike the language on page 1, line 21, through page 2,
line 18, and substitute the following:
(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 in death penalty
cases;
(C) have participated in continuing legal
education courses or other training relating to criminal defense in
death penalty cases;
(D) not have been found by a federal or state
court to have rendered ineffective assistance of counsel during the
trial or appeal of any criminal case;
(E) have at least five years of experience in
criminal trial or appellate litigation or habeas corpus practice;
and
(F) have participated in the preparation of
appellate briefs for the prosecution or defense, or in the drafting
of appellate opinions as a staff attorney for an appellate court, in
felony cases, including homicide cases and other cases involving an
offense punishable as a capital felony or a felony of the first or
second degree.
(3) The Task Force on Indigent Defense shall 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) On page 2, between lines 25 and 26, insert the following:
(d-1) The court of criminal appeals may annually review the
list of attorneys qualified for appointment under this section to
ensure that the attorneys included on the list are suitably
qualified and proficient to be eligible for appointment. The court
may determine whether an attorney is eligible for appointment on a
case-by-case basis. The court may remove an attorney from the list
if the attorney is determined to be ineligible for appointment.