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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the capital appellate defense |
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committee and the office of capital appellate defender. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 26.044(a), Code of Criminal Procedure, |
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is amended by adding Subdivision (2-a) to read as follows: |
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(2-a) "Office of capital appellate defender" means the |
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office of capital appellate defender established under Subchapter |
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C, Chapter 78A, Government Code. |
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SECTION 2. Article 26.044, Code of Criminal Procedure, is |
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amended by adding Subsection (o) to read as follows: |
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(o) An attorney employed by a public defender's office may |
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be appointed with respect to a direct appeal of a death penalty case |
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under Article 26.052(i) if the attorney is on the list of qualified |
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counsel maintained under Article 26.052(d). |
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SECTION 3. Subtitle F, Title 2, Government Code, is amended |
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by adding Chapter 78A to read as follows: |
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CHAPTER 78A. CAPITAL APPELLATE DEFENSE COMMITTEE AND OFFICE OF |
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CAPITAL APPELLATE DEFENDER |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 78A.001. DEFINITIONS. In this chapter: |
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(1) "Committee" means the capital appellate defense |
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committee established under Subchapter B. |
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(2) "Office" means the office of capital appellate |
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defender established under Subchapter C. |
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SUBCHAPTER B. CAPITAL APPELLATE DEFENSE COMMITTEE |
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Sec. 78A.051. ESTABLISHMENT OF COMMITTEE; DUTIES. (a) The |
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capital appellate defense committee is established. |
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(b) The committee shall recommend to the court of criminal |
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appeals as provided by Section 78A.053 a director for the office |
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when a vacancy exists for the position of director. |
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Sec. 78A.052. APPOINTMENT AND COMPOSITION OF COMMITTEE. |
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(a) The committee is composed of five members who are: |
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(1) appointed by the executive director of the Texas |
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Indigent Defense Commission; and |
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(2) licensed attorneys with significant experience in |
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capital defense or criminal indigent defense policy or practice. |
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(b) The committee members serve at the pleasure of the |
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executive director of the Texas Indigent Defense Commission. |
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(c) The committee shall elect one member of the committee to |
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serve as the presiding officer of the committee. |
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(d) The committee meets at the call of the presiding officer |
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of the committee. |
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Sec. 78A.053. RECOMMENDATION AND APPOINTMENT OF DIRECTOR OF |
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OFFICE. (a) The committee shall submit to the court of criminal |
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appeals, in order of the committee's preference, a list of the names |
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of at least three persons the committee recommends that the court |
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consider in appointing the director of the office when a vacancy |
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exists for the position of director. |
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(b) Each person recommended to the court of criminal appeals |
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by the committee under Subsection (a): |
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(1) must exhibit proficiency and commitment to |
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providing quality representation to defendants in death penalty |
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cases, as described by the Guidelines and Standards for Texas |
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Capital Counsel, as published by the State Bar of Texas; and |
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(2) may not have been found by a state or federal court |
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to have rendered ineffective assistance of counsel during the trial |
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or appeal of a death penalty case. |
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(c) When a vacancy for the position exists, the court of |
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criminal appeals shall appoint from the list of persons submitted |
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to the court under Subsection (a) the director of the office. |
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SUBCHAPTER C. OFFICE OF CAPITAL APPELLATE DEFENDER |
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Sec. 78A.101. ESTABLISHMENT. The office of capital |
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appellate defender is established and operates under the direction |
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and supervision of the director of the office. |
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Sec. 78A.102. DIRECTOR; STAFF. (a) The court of criminal |
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appeals shall appoint a director to direct and supervise the |
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operation of the office. The director serves a four-year term and |
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continues to serve until a successor has been appointed. The court |
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of criminal appeals may remove the director only for good |
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cause. The director may be reappointed for subsequent terms. |
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(b) The director shall employ attorneys and other personnel |
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necessary to perform the duties of the office. To be employed by |
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the director, an attorney may not have been found by a state or |
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federal court to have rendered ineffective assistance of counsel |
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during the trial or appeal of a death penalty case. |
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(c) The director and any attorney employed by the office may |
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not: |
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(1) engage in the private practice of criminal law; or |
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(2) accept anything of value not authorized by law for |
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services rendered under this subchapter. |
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Sec. 78A.103. POWERS AND DUTIES. (a) The office may |
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represent an indigent defendant who has been sentenced to death |
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under Article 37.071, Code of Criminal Procedure, in the |
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defendant's: |
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(1) motions for a new trial; |
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(2) direct appeal before the court of criminal |
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appeals; |
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(3) petition for a writ of certiorari in the United |
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States Supreme Court; and |
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(4) application for a writ of mandamus or prohibition |
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that is collateral to the representation described by Subdivisions |
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(1), (2), and (3). |
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(b) A district court or the district court's designee shall |
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give the office priority in appointing appellate counsel under |
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Article 26.052, Code of Criminal Procedure, to represent an |
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indigent defendant who has been sentenced to death. |
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(c) The office may not accept an appointment in any criminal |
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proceeding if: |
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(1) a conflict of interest exists; |
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(2) the office has insufficient resources to provide |
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competent representation for the defendant; |
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(3) the office is incapable of providing |
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representation for the defendant in accordance with the rules of |
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professional conduct; or |
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(4) other good cause is shown for not accepting the |
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appointment. |
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(d) The office may consult with law school clinics with |
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applicable knowledge and experience and with other experts as |
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necessary to research the legal issues of a particular case. |
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Sec. 78A.104. COMPENSATION OF OTHER APPOINTED ATTORNEYS. |
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If it is necessary that an attorney other than an attorney employed |
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by the office be appointed, that attorney shall be compensated as |
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provided by Article 26.052, Code of Criminal Procedure. |
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SECTION 4. (a) Not later than January 15, 2018, the |
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executive director of the Texas Indigent Defense Commission shall |
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appoint the members of the capital appellate defense committee |
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under Section 78A.052, Government Code, as added by this Act. |
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(b) Not later than May 15, 2018, the capital appellate |
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defense committee shall submit to the Texas Court of Criminal |
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Appeals the list of candidates for the position of the director of |
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the office of capital appellate defender under Section 78A.053, |
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Government Code, as added by this Act. |
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(c) Not later than September 1, 2018, the Texas Court of |
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Criminal Appeals shall appoint the director of the office of |
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capital appellate defender under Section 78A.102, Government Code, |
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as added by this Act. |
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SECTION 5. This Act takes effect September 1, 2017. |