| |
| |
| |
|
|
AN ACT
|
|
|
relating to the standards for attorneys representing indigent |
|
|
defendants in capital 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 Subsection (d) and adding Subsection (n) to |
|
|
read as follows: |
|
|
(d)(1) The committee shall adopt standards for the |
|
|
qualification of attorneys to be appointed to represent indigent |
|
|
defendants in capital cases in which the death penalty is sought. |
|
|
(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 |
|
|
(ii) investigating and presenting |
|
|
mitigating evidence 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 |
|
|
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 Section |
|
|
3g(a)(1), Article 42.12; |
|
|
(F) have trial or appellate experience in: |
|
|
(i) the use of and challenges to mental |
|
|
health or forensic expert witnesses; and |
|
|
(ii) the use of mitigating evidence 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 death penalty cases. |
|
|
(4) The committee shall prominently post the standards |
|
|
in each district clerk's office in the region with a list of |
|
|
attorneys qualified for appointment. |
|
|
(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 death penalty cases or in appealing 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. |
|
|
(n) At the request of an attorney, the local selection |
|
|
committee shall make a determination under Subsection (d)(2)(C) or |
|
|
(3)(C), as applicable, regarding an attorney's current ability to |
|
|
provide effective representation following a judicial finding that |
|
|
the attorney previously rendered ineffective assistance of counsel |
|
|
in a capital case. |
|
|
SECTION 2. The change in law made by this Act applies to an |
|
|
attorney who, before, on, or after the effective date of this Act, |
|
|
has been found by a federal or state court to have rendered |
|
|
ineffective assistance of counsel during the trial or appeal of a |
|
|
capital case. |
|
|
SECTION 3. A local selection committee shall amend its |
|
|
standards as necessary to conform with the requirements of |
|
|
Subsection (n), Article 26.052, Code of Criminal Procedure, as |
|
|
added by this Act, not later than the 30th day after the effective |
|
|
date of this Act. |
|
|
SECTION 4. This Act takes effect September 1, 2011. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 1308 passed the Senate on |
|
|
April 5, 2011, by the following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 1308 passed the House on |
|
|
May 23, 2011, by the following vote: Yeas 142, Nays 0, one |
|
|
present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |