84R3079 AJZ-D
By: Hinojosa S.B. No. 1743
A BILL TO BE ENTITLED
AN ACT
relating to expanding the powers and duties of the office of capital
writs and renaming the office of capital writs the Texas office of
post-conviction defender.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 78, Government Code, is
amended to read as follows:
CHAPTER 78. CAPITAL WRITS COMMITTEE AND TEXAS OFFICE OF
POST-CONVICTION DEFENDER [CAPITAL WRITS]
SECTION 2. The heading to Subchapter B, Chapter 78,
Government Code, is amended to read as follows:
SUBCHAPTER B. TEXAS OFFICE OF POST-CONVICTION DEFENDER [CAPITAL
WRITS]
SECTION 3. Section 78.051(2), Government Code, is amended
to read as follows:
(2) "Office" means the Texas office of post-conviction
defender [capital writs] established under this subchapter.
SECTION 4. Section 78.052(a), Government Code, is amended
to read as follows:
(a) The Texas office of post-conviction defender [capital
writs] is established and operates under the direction and
supervision of the director of the office.
SECTION 5. Section 78.053(b), Government Code, is amended
to read as follows:
(b) The director shall employ attorneys and employ or retain
licensed investigators, experts, and other personnel necessary to
perform the duties of the office. To be employed by the director,
an attorney may not have been found by a state or federal court to
have rendered ineffective assistance of counsel during the trial or
appeal of a criminal [death penalty] case.
SECTION 6. Section 78.054, Government Code, is amended by
amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) The office may not represent a defendant in a federal
habeas review. The office may not represent a defendant in an action
or proceeding in state court other than an action or proceeding
that:
(1) is conducted under Article 11.071 or 11.073, Code
of Criminal Procedure;
(2) is collateral to the preparation of an application
under Article 11.071 or 11.073, Code of Criminal Procedure; [or]
(3) concerns any other post-conviction matter in a
death penalty case other than a direct appeal, including an action
or proceeding under Article 46.05 or Chapter 64, Code of Criminal
Procedure; or
(4) concerns any other post-conviction matter in a
case that involves a forensic science issue.
(d) The office may consult with law school clinics with
applicable knowledge and experience and with other experts as
necessary to investigate the facts of a particular case.
SECTION 7. This Act takes effect September 1, 2015.