82R8877 SJM-F
By: McClendon H.B. No. 3323
A BILL TO BE ENTITLED
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 Article
26.052(n), 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.