| 1 | 1 | | 86R511 MEW-F |
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| 2 | 2 | | By: Gervin-Hawkins H.B. No. 221 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the standards for attorneys representing indigent |
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| 8 | 8 | | defendants in certain capital felony cases. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Articles 26.052(d)(2) and (3), Code of Criminal |
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| 11 | 11 | | Procedure, are amended to read as follows: |
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| 12 | 12 | | (2) The standards must require that a trial attorney |
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| 13 | 13 | | appointed as lead counsel to a capital case: |
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| 14 | 14 | | (A) be a member of the State Bar of Texas; |
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| 15 | 15 | | (B) exhibit proficiency and commitment to |
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| 16 | 16 | | providing quality representation to defendants in death penalty |
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| 17 | 17 | | cases; |
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| 18 | 18 | | (C) have not been found by a federal or state |
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| 19 | 19 | | court to have rendered ineffective assistance of counsel during the |
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| 20 | 20 | | trial or appeal of any capital case, unless the local selection |
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| 21 | 21 | | committee determines under Subsection (n) that the conduct |
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| 22 | 22 | | underlying the finding no longer accurately reflects the attorney's |
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| 23 | 23 | | ability to provide effective representation; |
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| 24 | 24 | | (D) have at least five years of criminal law |
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| 25 | 25 | | experience; |
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| 26 | 26 | | (E) have tried to a verdict as lead defense |
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| 27 | 27 | | counsel a significant number of felony cases, including homicide |
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| 28 | 28 | | trials and other trials for offenses punishable as second or first |
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| 29 | 29 | | degree felonies or capital felonies; |
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| 30 | 30 | | (F) have trial experience in[: |
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| 31 | 31 | | [(i)] the use of and challenges to mental |
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| 32 | 32 | | health or forensic expert witnesses[;] and have: |
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| 33 | 33 | | (i) trial experience in [(ii)] |
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| 34 | 34 | | investigating and presenting mitigating evidence at the penalty |
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| 35 | 35 | | phase of a death penalty trial, regardless of whether: |
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| 36 | 36 | | (a) the case resulted in a judgment or |
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| 37 | 37 | | dismissal; or |
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| 38 | 38 | | (b) the state subsequently waived the |
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| 39 | 39 | | death penalty in the case; or |
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| 40 | 40 | | (ii) an equivalent amount of trial |
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| 41 | 41 | | experience, as determined by the local selection committee; and |
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| 42 | 42 | | (G) have participated in continuing legal |
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| 43 | 43 | | education courses or other training relating to criminal defense in |
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| 44 | 44 | | death penalty cases. |
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| 45 | 45 | | (3) The standards must require that an attorney |
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| 46 | 46 | | appointed as lead appellate counsel in the direct appeal of a |
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| 47 | 47 | | capital case: |
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| 48 | 48 | | (A) be a member of the State Bar of Texas; |
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| 49 | 49 | | (B) exhibit proficiency and commitment to |
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| 50 | 50 | | providing quality representation to defendants in death penalty |
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| 51 | 51 | | cases; |
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| 52 | 52 | | (C) have not been found by a federal or state |
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| 53 | 53 | | court to have rendered ineffective assistance of counsel during the |
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| 54 | 54 | | trial or appeal of any capital case, unless the local selection |
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| 55 | 55 | | committee determines under Subsection (n) that the conduct |
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| 56 | 56 | | underlying the finding no longer accurately reflects the attorney's |
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| 57 | 57 | | ability to provide effective representation; |
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| 58 | 58 | | (D) have at least five years of criminal law |
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| 59 | 59 | | experience; |
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| 60 | 60 | | (E) have authored a significant number of |
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| 61 | 61 | | appellate briefs, including appellate briefs for homicide cases and |
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| 62 | 62 | | other cases involving an offense punishable as a capital felony or a |
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| 63 | 63 | | felony of the first degree or an offense described by Article |
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| 64 | 64 | | 42A.054(a); |
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| 65 | 65 | | (F) have trial or appellate experience in[: |
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| 66 | 66 | | [(i)] the use of and challenges to mental |
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| 67 | 67 | | health or forensic expert witnesses[;] and have: |
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| 68 | 68 | | (i) trial or appellate experience in [(ii)] |
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| 69 | 69 | | the use of mitigating evidence at the penalty phase of a death |
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| 70 | 70 | | penalty trial, regardless of whether: |
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| 71 | 71 | | (a) the case resulted in a judgment or |
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| 72 | 72 | | dismissal; or |
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| 73 | 73 | | (b) the state subsequently waived the |
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| 74 | 74 | | death penalty in the case; or |
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| 75 | 75 | | (ii) an equivalent amount of trial or |
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| 76 | 76 | | appellate experience, as determined by the local selection |
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| 77 | 77 | | committee; and |
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| 78 | 78 | | (G) have participated in continuing legal |
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| 79 | 79 | | education courses or other training relating to criminal defense in |
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| 80 | 80 | | appealing death penalty cases. |
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| 81 | 81 | | SECTION 2. The change in law made by this Act applies only |
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| 82 | 82 | | to a capital felony case that is filed on or after the effective |
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| 83 | 83 | | date of this Act. A capital felony case that is filed before the |
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| 84 | 84 | | effective date of this Act is governed by the law in effect on the |
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| 85 | 85 | | date the case was filed, and the former law is continued in effect |
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| 86 | 86 | | for that purpose. |
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| 87 | 87 | | SECTION 3. This Act takes effect September 1, 2019. |
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