89R10655 MCF-F

By: Hinojosa of Hidalgo S.B. No. 2741

A BILL TO BE ENTITLED

AN ACT

relating to the appointment of counsel for indigent defendants or juveniles in certain capital felony cases.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 26.052, Code of Criminal Procedure, is amended by amending Subsections (b) and (c) and adding Subsection (b-1) to read as follows:

(b) Except as provided by Subsection (b-1) if [If] a county is served by a public defender's office, trial counsel and counsel for direct appeal or to apply for a writ of certiorari may be appointed as provided by the guidelines established by the public defender's office. In all other cases in which the death penalty is sought, counsel shall be appointed as provided by this article.

(b-1) If the death penalty cannot be sought in a capital felony case in a county due to a ruling by the United States Supreme Court, the Court of Criminal Appeals, or the Texas Supreme Court, counsel shall be appointed as provided by the guidelines established for the appointment of counsel for indigent defendants or juveniles in a first degree felony case in the county.

(c) A local selection committee is created in each administrative judicial region created under Section 74.042, Government Code. The administrative judge of the judicial region shall appoint the members of the committee. A committee shall have not less than five [four] members, including:

(1) the administrative judge of the judicial region;

(2) at least two [one] district judges [judge];

(3) a representative from the local bar association; and

(4) at least one practitioner who is board certified by the State Bar of Texas in criminal law.

SECTION 2. Articles 26.052(d)(2), (3), and (5), 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 capital felony [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 or [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

(ii) investigating or [and] presenting mitigating evidence during a capital felony [at the penalty phase of a death penalty] trial; and

(G) have participated in continuing legal education courses or other training relating to criminal defense in capital felony [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 capital felony [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 or [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

(ii) investigating or presenting [the use of] mitigating evidence during a capital felony [at the penalty phase of a death penalty] trial; and

(G) have participated in continuing legal education courses or other training relating to criminal defense in appealing capital felony [death penalty] cases.

(5) Not later than the second anniversary of the date an attorney is placed on the list of attorneys qualified for appointment in death penalty cases and each year following the second anniversary, the attorney must present proof to the committee that the attorney has successfully completed the minimum continuing legal education requirements of the State Bar of Texas, including a course or other form of training relating to criminal defense in capital felony [death penalty] cases or in appealing capital felony [death penalty] cases, as applicable. [The committee shall remove the attorney's name from the list of qualified attorneys if the attorney fails to provide the committee with proof of completion of the continuing legal education requirements.]

SECTION 3. 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 4. This Act takes effect September 1, 2025.