87R3537 MEW-F
 
  By: Gervin-Hawkins H.B. No. 679
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the standards for attorneys representing indigent
  defendants in certain capital felony cases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Articles 26.052(d)(2) and (3), Code of Criminal
  Procedure, are amended to read as follows:
               (2)  The standards must require that a trial attorney
  appointed as lead counsel to a capital case:
                     (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 not been found by a federal or state
  court to have rendered ineffective assistance of counsel during the
  trial or appeal of any capital case, unless the local selection
  committee determines under Subsection (n) that the conduct
  underlying the finding no longer accurately reflects the attorney's
  ability to provide effective representation;
                     (D)  have at least five years of criminal law
  experience;
                     (E)  have tried to a verdict as lead defense
  counsel a significant number of felony cases, including homicide
  trials and other trials for offenses punishable as second or first
  degree felonies or capital felonies;
                     (F)  have trial experience in[:
                           [(i)]  the use of and challenges to mental
  health or forensic expert witnesses[;] and have:
                           (i)  trial experience in [(ii)]
  investigating and presenting mitigating evidence at the penalty
  phase of a death penalty trial, regardless of whether:
                                 (a)  the case resulted in a judgment or
  dismissal; or
                                 (b)  the state subsequently waived the
  death penalty in the case; or
                           (ii)  an equivalent amount of trial
  experience, as determined by the local selection committee; and
                     (G)  have participated in continuing legal
  education courses or other training relating to criminal defense in
  death penalty cases.
               (3)  The standards must require that an attorney
  appointed as lead appellate counsel in the direct appeal of a
  capital case:
                     (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 not been found by a federal or state
  court to have rendered ineffective assistance of counsel during the
  trial or appeal of any capital case, unless the local selection
  committee determines under Subsection (n) that the conduct
  underlying the finding no longer accurately reflects the attorney's
  ability to provide effective representation;
                     (D)  have at least five years of criminal law
  experience;
                     (E)  have authored a significant number of
  appellate briefs, including appellate briefs for homicide cases and
  other cases involving an offense punishable as a capital felony or a
  felony of the first degree or an offense described by Article
  42A.054(a);
                     (F)  have trial or appellate experience in[:
                           [(i)]  the use of and challenges to mental
  health or forensic expert witnesses[;] and have:
                           (i)  trial or appellate experience in [(ii)]
  the use of mitigating evidence at the penalty phase of a death
  penalty trial, regardless of whether:
                                 (a)  the case resulted in a judgment or
  dismissal; or
                                 (b)  the state subsequently waived the
  death penalty in the case; or
                           (ii)  an equivalent amount of trial or
  appellate experience, as determined by the local selection
  committee; and
                     (G)  have participated in continuing legal
  education courses or other training relating to criminal defense in
  appealing death penalty cases.
         SECTION 2.  The change in law made by this Act applies only
  to a capital felony case that is filed on or after the effective
  date of this Act. A capital felony case that is filed before the
  effective date of this Act is governed by the law in effect on the
  date the case was filed, and the former law is continued in effect
  for that purpose.
         SECTION 3.  This Act takes effect September 1, 2021.