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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, Code of Criminal Procedure, is |
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amended by amending Subsection (d) and adding Subsection (n) to |
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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: |
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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 |
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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 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 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) Not later than the second anniversary of the date |
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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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defense in death penalty cases or in appealing death penalty cases, |
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as applicable. The committee shall remove the attorney's name from |
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the list of qualified attorneys if the attorney fails to provide the |
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committee with proof of completion of the continuing legal |
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education requirements. |
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(n) At the request of an attorney, the local selection |
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committee shall make a determination under Subsection (d)(2)(C) or |
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(3)(C), as applicable, regarding an attorney's current ability to |
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provide effective representation following a judicial finding that |
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the attorney previously rendered ineffective assistance of counsel |
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in a capital case. |
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SECTION 2. The change in law made by this Act applies to an |
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attorney who, before, on, or after the effective date of this Act, |
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has been found by a federal or state court to have rendered |
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ineffective assistance of counsel during the trial or appeal of a |
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capital case. |
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SECTION 3. A local selection committee shall amend its |
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standards as necessary to conform with the requirements of |
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Subsection (n), Article 26.052, Code of Criminal Procedure, as |
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added by this Act, not later than the 30th day after the effective |
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date of this Act. |
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SECTION 4. This Act takes effect September 1, 2011. |