Texas 2011 - 82nd Regular

Texas House Bill HB3323 Compare Versions

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1	1	82R8877 SJM-F
2	2	By: McClendon H.B. No. 3323
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, Code of Criminal Procedure, is
11	11	amended by amending Subsection (d) and adding Subsection (n) to
12	12	read as follows:
13	13	(d)(1) The committee shall adopt standards for the
14	14	qualification of attorneys to be appointed to represent indigent
15	15	defendants in capital cases in which the death penalty is sought.
16	16	(2) The standards must require that a trial attorney
17	17	appointed as lead counsel to a capital case:
18	18	(A) be a member of the State Bar of Texas;
19	19	(B) exhibit proficiency and commitment to
20	20	providing quality representation to defendants in death penalty
21	21	cases;
22	22	(C) have not been found by a federal or state
23	23	court to have rendered ineffective assistance of counsel during the
24	24	trial or appeal of any capital case, unless the local selection
25	25	committee determines under Subsection (n) that the conduct
26	26	underlying the finding no longer accurately reflects the attorney's
27	27	ability to provide effective representation;
28	28	(D) have at least five years of criminal law
29	29	experience;
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, unless the local selection
53	53	committee determines under Subsection (n) that the conduct
54	54	underlying the finding no longer accurately reflects the attorney's
55	55	ability to provide effective representation;
56	56	(D) have at least five years of criminal law
57	57	experience;
58	58	(E) have authored a significant number of
59	59	appellate briefs, including appellate briefs for homicide cases and
60	60	other cases involving an offense punishable as a capital felony or a
61	61	felony of the first degree or an offense described by Section
62	62	3g(a)(1), Article 42.12;
63	63	(F) have trial or appellate experience in:
64	64	(i) the use of and challenges to mental
65	65	health or forensic expert witnesses; and
66	66	(ii) the use of mitigating evidence at the
67	67	penalty phase of a death penalty trial; and
68	68	(G) have participated in continuing legal
69	69	education courses or other training relating to criminal defense in
70	70	appealing death penalty cases.
71	71	(4) The committee shall prominently post the standards
72	72	in each district clerk's office in the region with a list of
73	73	attorneys qualified for appointment.
74	74	(5) Not later than the second anniversary of the date
75	75	an attorney is placed on the list of attorneys qualified for
76	76	appointment in death penalty cases and each year following the
77	77	second anniversary, the attorney must present proof to the
78	78	committee that the attorney has successfully completed the minimum
79	79	continuing legal education requirements of the State Bar of Texas,
80	80	including a course or other form of training relating to criminal
81	81	defense in death penalty cases or in appealing death penalty cases,
82	82	as applicable. The committee shall remove the attorney's name from
83	83	the list of qualified attorneys if the attorney fails to provide the
84	84	committee with proof of completion of the continuing legal
85	85	education requirements.
86	86	(n) At the request of an attorney, the local selection
87	87	committee shall make a determination under Subsection (d)(2)(C) or
88	88	(3)(C), as applicable, regarding an attorney's current ability to
89	89	provide effective representation following a judicial finding that
90	90	the attorney previously rendered ineffective assistance of counsel
91	91	in a capital case.
92	92	SECTION 2. The change in law made by this Act applies to an
93	93	attorney who, before, on, or after the effective date of this Act,
94	94	has been found by a federal or state court to have rendered
95	95	ineffective assistance of counsel during the trial or appeal of a
96	96	capital case.
97	97	SECTION 3. A local selection committee shall amend its
98	98	standards as necessary to conform with the requirements of Article
99	99	26.052(n), Code of Criminal Procedure, as added by this Act, not
100	100	later than the 30th day after the effective date of this Act.
101	101	SECTION 4. This Act takes effect September 1, 2011.