89R10655 MCF-F
By: Hinojosa of Hidalgo S.B. No. 2741
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of counsel for indigent defendants or
juveniles in certain capital felony 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 Subsections (b) and (c) and adding Subsection
(b-1) to read as follows:
(b) Except as provided by Subsection (b-1) if [If] a county
is served by a public defender's office, trial counsel and counsel
for direct appeal or to apply for a writ of certiorari may be
appointed as provided by the guidelines established by the public
defender's office. In all other cases in which the death penalty is
sought, counsel shall be appointed as provided by this article.
(b-1) If the death penalty cannot be sought in a capital
felony case in a county due to a ruling by the United States Supreme
Court, the Court of Criminal Appeals, or the Texas Supreme Court,
counsel shall be appointed as provided by the guidelines
established for the appointment of counsel for indigent defendants
or juveniles in a first degree felony case in the county.
(c) A local selection committee is created in each
administrative judicial region created under Section 74.042,
Government Code. The administrative judge of the judicial region
shall appoint the members of the committee. A committee shall have
not less than five [four] members, including:
(1) the administrative judge of the judicial region;
(2) at least two [one] district judges [judge];
(3) a representative from the local bar association;
and
(4) at least one practitioner who is board certified
by the State Bar of Texas in criminal law.
SECTION 2. Articles 26.052(d)(2), (3), and (5), 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 capital felony
[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 or [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 or [and] presenting
mitigating evidence during a capital felony [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
capital felony [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 capital felony
[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 or
[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
(ii) investigating or presenting [the use
of] mitigating evidence during a capital felony [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 capital felony [death penalty] cases.
(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 capital felony [death penalty] cases or in appealing
capital felony [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.]
SECTION 3. 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 4. This Act takes effect September 1, 2025.