86R511 MEW-F
By: Gervin-Hawkins H.B. No. 221
A BILL TO BE ENTITLED
AN ACT
relating to the standards for attorneys representing indigent
defendants in certain capital felony cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 26.052(d)(2) and (3), Code of Criminal
Procedure, are amended to read as follows:
(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 have:
(i) trial experience in [(ii)]
investigating and presenting mitigating evidence at the penalty
phase of a death penalty trial, regardless of whether:
(a) the case resulted in a judgment or
dismissal; or
(b) the state subsequently waived the
death penalty in the case; or
(ii) an equivalent amount of trial
experience, as determined by the local selection committee; 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 Article
42A.054(a);
(F) have trial or appellate experience in[:
[(i)] the use of and challenges to mental
health or forensic expert witnesses[;] and have:
(i) trial or appellate experience in [(ii)]
the use of mitigating evidence at the penalty phase of a death
penalty trial, regardless of whether:
(a) the case resulted in a judgment or
dismissal; or
(b) the state subsequently waived the
death penalty in the case; or
(ii) an equivalent amount of trial or
appellate experience, as determined by the local selection
committee; and
(G) have participated in continuing legal
education courses or other training relating to criminal defense in
appealing death penalty cases.
SECTION 2. The change in law made by this Act applies only
to a capital felony case that is filed on or after the effective
date of this Act. A capital felony case that is filed before the
effective date of this Act is governed by the law in effect on the
date the case was filed, and the former law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2019.