Texas 2025 - 89th Regular

Texas Senate Bill SB2741 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R10655 MCF-F
2	2	By: Hinojosa of Hidalgo S.B. No. 2741
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the appointment of counsel for indigent defendants or
10	10	juveniles in certain capital felony cases.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 26.052, Code of Criminal Procedure, is
13	13	amended by amending Subsections (b) and (c) and adding Subsection
14	14	(b-1) to read as follows:
15	15	(b) Except as provided by Subsection (b-1) if [If] a county
16	16	is served by a public defender's office, trial counsel and counsel
17	17	for direct appeal or to apply for a writ of certiorari may be
18	18	appointed as provided by the guidelines established by the public
19	19	defender's office. In all other cases in which the death penalty is
20	20	sought, counsel shall be appointed as provided by this article.
21	21	(b-1) If the death penalty cannot be sought in a capital
22	22	felony case in a county due to a ruling by the United States Supreme
23	23	Court, the Court of Criminal Appeals, or the Texas Supreme Court,
24	24	counsel shall be appointed as provided by the guidelines
25	25	established for the appointment of counsel for indigent defendants
26	26	or juveniles in a first degree felony case in the county.
27	27	(c) A local selection committee is created in each
28	28	administrative judicial region created under Section 74.042,
29	29	Government Code. The administrative judge of the judicial region
30	30	shall appoint the members of the committee. A committee shall have
31	31	not less than five [four] members, including:
32	32	(1) the administrative judge of the judicial region;
33	33	(2) at least two [one] district judges [judge];
34	34	(3) a representative from the local bar association;
35	35	and
36	36	(4) at least one practitioner who is board certified
37	37	by the State Bar of Texas in criminal law.
38	38	SECTION 2. Articles 26.052(d)(2), (3), and (5), Code of
39	39	Criminal Procedure, are amended to read as follows:
40	40	(2) The standards must require that a trial attorney
41	41	appointed as lead counsel to a capital case:
42	42	(A) be a member of the State Bar of Texas;
43	43	(B) exhibit proficiency and commitment to
44	44	providing quality representation to defendants in capital felony
45	45	[death penalty] cases;
46	46	(C) have not been found by a federal or state
47	47	court to have rendered ineffective assistance of counsel during the
48	48	trial or appeal of any capital case, unless the local selection
49	49	committee determines under Subsection (n) that the conduct
50	50	underlying the finding no longer accurately reflects the attorney's
51	51	ability to provide effective representation;
52	52	(D) have at least five years of criminal law
53	53	experience;
54	54	(E) have tried to a verdict as lead defense
55	55	counsel a significant number of felony cases, including homicide
56	56	trials or [and] other trials for offenses punishable as [second or]
57	57	first degree felonies or capital felonies;
58	58	(F) have trial experience in:
59	59	(i) the use of and challenges to mental
60	60	health or forensic expert witnesses; and
61	61	(ii) investigating or [and] presenting
62	62	mitigating evidence during a capital felony [at the penalty phase
63	63	of a death penalty] trial; and
64	64	(G) have participated in continuing legal
65	65	education courses or other training relating to criminal defense in
66	66	capital felony [death penalty] cases.
67	67	(3) The standards must require that an attorney
68	68	appointed as lead appellate counsel in the direct appeal of a
69	69	capital case:
70	70	(A) be a member of the State Bar of Texas;
71	71	(B) exhibit proficiency and commitment to
72	72	providing quality representation to defendants in capital felony
73	73	[death penalty] cases;
74	74	(C) have not been found by a federal or state
75	75	court to have rendered ineffective assistance of counsel during the
76	76	trial or appeal of any capital case, unless the local selection
77	77	committee determines under Subsection (n) that the conduct
78	78	underlying the finding no longer accurately reflects the attorney's
79	79	ability to provide effective representation;
80	80	(D) have at least five years of criminal law
81	81	experience;
82	82	(E) have authored a significant number of
83	83	appellate briefs, including appellate briefs for homicide cases or
84	84	[and] other cases involving an offense punishable as a capital
85	85	felony or a felony of the first degree or an offense described by
86	86	Article 42A.054(a);
87	87	(F) have trial or appellate experience in:
88	88	(i) the use of and challenges to mental
89	89	health or forensic expert witnesses; and
90	90	(ii) investigating or presenting [the use
91	91	of] mitigating evidence during a capital felony [at the penalty
92	92	phase of a death penalty] trial; and
93	93	(G) have participated in continuing legal
94	94	education courses or other training relating to criminal defense in
95	95	appealing capital felony [death penalty] cases.
96	96	(5) Not later than the second anniversary of the date
97	97	an attorney is placed on the list of attorneys qualified for
98	98	appointment in death penalty cases and each year following the
99	99	second anniversary, the attorney must present proof to the
100	100	committee that the attorney has successfully completed the minimum
101	101	continuing legal education requirements of the State Bar of Texas,
102	102	including a course or other form of training relating to criminal
103	103	defense in capital felony [death penalty] cases or in appealing
104	104	capital felony [death penalty] cases, as applicable. [The
105	105	committee shall remove the attorney's name from the list of
106	106	qualified attorneys if the attorney fails to provide the committee
107	107	with proof of completion of the continuing legal education
108	108	requirements.]
109	109	SECTION 3. The change in law made by this Act applies only
110	110	to a capital felony case that is filed on or after the effective
111	111	date of this Act. A capital felony case that is filed before the
112	112	effective date of this Act is governed by the law in effect on the
113	113	date the case was filed, and the former law is continued in effect
114	114	for that purpose.
115	115	SECTION 4. This Act takes effect September 1, 2025.