H.B. No. 2058
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(d), Code of Criminal Procedure,
as amended by Chapters 787 (S.B. 60) and 965 (H.B. 1701), Acts of
the 79th Legislature, Regular Session, 2005, is reenacted and
amended 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 [or 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;
(D) have at least five years of criminal law
experience [in criminal litigation];
(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;
(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) [(4)] 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
[the] defense in [of] 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.
SECTION 2. A local selection committee shall amend its
standards as necessary to conform with the requirements of Article
26.052(d), Code of Criminal Procedure, as amended by this Act, not
later than the 75th day after the effective date of this Act. An
attorney appointed to a death penalty case on or after the 75th day
after the effective date of this Act must meet the standards adopted
in conformity with amended Article 26.052(d), Code of Criminal
Procedure. An attorney appointed to a death penalty case before the
75th day after the effective date of this Act is covered by the law
in effect when the attorney was appointed, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2058 was passed by the House on April
7, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2058 was passed by the Senate on May
4, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor