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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 capital cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 26.052(d), Code of Criminal Procedure, |
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as amended by Chapters 787 and 965, Acts of the 79th Legislature, |
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Regular Session, 2005, is reenacted and amended to read as follows: |
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(d)(1) The committee shall adopt standards for the |
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qualification of attorneys to be appointed to represent indigent |
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defendants in capital cases in which the death penalty is sought. |
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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 [or 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 conduct underlying |
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the finding fails to accurately reflect the attorney's current |
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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 [in criminal litigation]; |
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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 |
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(ii) investigating and presenting |
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mitigating evidence at the penalty phase of a death penalty trial; |
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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 conduct underlying |
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the finding fails to accurately reflect the attorney's current |
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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 Section |
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3g(a)(1), Article 42.12; |
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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 |
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(ii) the use of mitigating evidence at the |
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penalty phase of a death penalty trial; 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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(4) The committee shall prominently post the standards |
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in each district clerk's office in the region with a list of |
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attorneys qualified for appointment. |
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(5) [(4)] Not later than the second anniversary of the |
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date an attorney is placed on the list of attorneys qualified for |
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appointment in death penalty cases and each year following the |
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second anniversary, the attorney must present proof to the |
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committee that the attorney has successfully completed the minimum |
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continuing legal education requirements of the State Bar of Texas, |
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including a course or other form of training relating to criminal |
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[the] defense in [of] death penalty cases or in appealing death |
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penalty cases, as applicable. The committee shall remove the |
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attorney's name from the list of qualified attorneys if the |
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attorney fails to provide the committee with proof of completion of |
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the continuing legal education requirements. |
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SECTION 2. A local selection committee shall amend |
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standards previously adopted by the committee to conform with the |
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requirements of Article 26.052(d), Code of Criminal Procedure, as |
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amended by this Act, not later than the 75th day after the effective |
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date of this Act. An attorney appointed to a death penalty case on |
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or after the 75th day after the effective date of this Act must meet |
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the standards adopted in conformity with amended Article 26.052(d), |
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Code of Criminal Procedure. An attorney appointed to a death |
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penalty case before the 75th day after the effective date of this |
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Act is covered by the law in effect when the attorney was appointed, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |