Bill Text: TX SB1308 | 2011-2012 | 82nd Legislature | Engrossed

Texas Senate Bill 1308 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relating to the standards for attorneys representing indigent defendants in capital cases.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB1308 Detail]

Download: Texas-2011-SB1308-Engrossed.html



	By: Seliger	S.B. No. 1308


	A BILL TO BE ENTITLED
	AN ACT
	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
	Subsection (n), Article 26.052, 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.