Bill Text: TX HB3323 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the standards for attorneys representing indigent defendants in capital cases.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-04-26 - Committee report sent to Calendars [HB3323 Detail]
Download: Texas-2011-HB3323-Introduced.html
| 82R8877 SJM-F | ||
| By: McClendon | H.B. No. 3323 | |
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| relating to the standards for attorneys representing indigent | ||
| defendants in capital 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 Subsection (d) and adding Subsection (n) to | ||
| read as follows: | ||
| (d)(1) The committee shall adopt standards for the | ||
| qualification of attorneys to be appointed to represent indigent | ||
| defendants in capital cases in which the death penalty is sought. | ||
| (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 | ||
| (ii) investigating and presenting | ||
| mitigating evidence 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 | ||
| 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 Section | ||
| 3g(a)(1), Article 42.12; | ||
| (F) have trial or appellate experience in: | ||
| (i) the use of and challenges to mental | ||
| health or forensic expert witnesses; and | ||
| (ii) the use of mitigating evidence 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 death penalty cases. | ||
| (4) The committee shall prominently post the standards | ||
| in each district clerk's office in the region with a list of | ||
| attorneys qualified for appointment. | ||
| (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 death penalty cases or in appealing 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. | ||
| (n) At the request of an attorney, the local selection | ||
| committee shall make a determination under Subsection (d)(2)(C) or | ||
| (3)(C), as applicable, regarding an attorney's current ability to | ||
| provide effective representation following a judicial finding that | ||
| the attorney previously rendered ineffective assistance of counsel | ||
| in a capital case. | ||
| SECTION 2. The change in law made by this Act applies to an | ||
| attorney who, before, on, or after the effective date of this Act, | ||
| has been found by a federal or state court to have rendered | ||
| ineffective assistance of counsel during the trial or appeal of a | ||
| capital case. | ||
| SECTION 3. A local selection committee shall amend its | ||
| standards as necessary to conform with the requirements of Article | ||
| 26.052(n), Code of Criminal Procedure, as added by this Act, not | ||
| later than the 30th day after the effective date of this Act. | ||
| SECTION 4. This Act takes effect September 1, 2011. | ||
