Texas 2009 - 81st Regular

Texas House Bill HB2058 Compare Versions

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Old	New	Differences
1	1	81R8193 SJM-F
2	2	By: Gallego H.B. No. 2058
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the standards for attorneys representing indigent
8	8	defendants in capital cases.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 26.052(d), Code of Criminal Procedure,
11	11	as amended by Chapters 787 (S.B. 60) and 965 (H.B. 1701), Acts of
12	12	the 79th Legislature, Regular Session, 2005, is reenacted and
13	13	amended to read as follows:
14	14	(d)(1) The committee shall adopt standards for the
15	15	qualification of attorneys to be appointed to represent indigent
16	16	defendants in capital cases in which the death penalty is sought.
17	17	(2) The standards must require that a trial attorney
18	18	appointed as lead counsel to a capital case [or an attorney
19	19	appointed as lead appellate counsel in the direct appeal of a
20	20	capital case]:
21	21	(A) be a member of the State Bar of Texas;
22	22	(B) exhibit proficiency and commitment to
23	23	providing quality representation to defendants in death penalty
24	24	cases;
25	25	(C) have not been found by a federal or state
26	26	court to have rendered ineffective assistance of counsel during the
27	27	trial or appeal of any capital case;
28	28	(D) have at least five years of criminal law
29	29	experience [in criminal litigation];
30	30	(E) have tried to a verdict as lead defense
31	31	counsel a significant number of felony cases, including homicide
32	32	trials and other trials for offenses punishable as second or first
33	33	degree felonies or capital felonies;
34	34	(F) have trial experience in:
35	35	(i) the use of and challenges to mental
36	36	health or forensic expert witnesses; and
37	37	(ii) investigating and presenting
38	38	mitigating evidence at the penalty phase of a death penalty trial;
39	39	and
40	40	(G) have participated in continuing legal
41	41	education courses or other training relating to criminal defense in
42	42	death penalty cases.
43	43	(3) The standards must require that an attorney
44	44	appointed as lead appellate counsel in the direct appeal of a
45	45	capital case:
46	46	(A) be a member of the State Bar of Texas;
47	47	(B) exhibit proficiency and commitment to
48	48	providing quality representation to defendants in death penalty
49	49	cases;
50	50	(C) have not been found by a federal or state
51	51	court to have rendered ineffective assistance of counsel during the
52	52	trial or appeal of any capital case;
53	53	(D) have at least five years of criminal law
54	54	experience;
55	55	(E) have authored a significant number of
56	56	appellate briefs, including appellate briefs for homicide cases and
57	57	other cases involving an offense punishable as a capital felony or a
58	58	felony of the first degree or an offense described by Section
59	59	3g(a)(1), Article 42.12;
60	60	(F) have trial or appellate experience in:
61	61	(i) the use of and challenges to mental
62	62	health or forensic expert witnesses; and
63	63	(ii) the use of mitigating evidence at the
64	64	penalty phase of a death penalty trial; and
65	65	(G) have participated in continuing legal
66	66	education courses or other training relating to criminal defense in
67	67	appealing death penalty cases.
68	68	(4) The committee shall prominently post the standards
69	69	in each district clerk's office in the region with a list of
70	70	attorneys qualified for appointment.
71	71	(5) [(4)] Not later than the second anniversary of the
72	72	date an attorney is placed on the list of attorneys qualified for
73	73	appointment in death penalty cases and each year following the
74	74	second anniversary, the attorney must present proof to the
75	75	committee that the attorney has successfully completed the minimum
76	76	continuing legal education requirements of the State Bar of Texas,
77	77	including a course or other form of training relating to criminal
78	78	[the] defense in [of] death penalty cases or in appealing death
79	79	penalty cases, as applicable. The committee shall remove the
80	80	attorney's name from the list of qualified attorneys if the
81	81	attorney fails to provide the committee with proof of completion of
82	82	the continuing legal education requirements.
83	83	SECTION 2. A local selection committee shall amend its
84	84	standards as necessary to conform with the requirements of Article
85	85	26.052(d), Code of Criminal Procedure, as amended by this Act, not
86	86	later than the 75th day after the effective date of this Act. An
87	87	attorney appointed to a death penalty case on or after the 75th day
88	88	after the effective date of this Act must meet the standards adopted
89	89	in conformity with amended Article 26.052(d), Code of Criminal
90	90	Procedure. An attorney appointed to a death penalty case before the
91	91	75th day after the effective date of this Act is covered by the law
92	92	in effect when the attorney was appointed, and the former law is
93	93	continued in effect for that purpose.
94	94	SECTION 3. This Act takes effect September 1, 2009.