Gervin-Hawkins Bill Creates A Nine-Member Capital Defense Standards Committee

The text as introduced · 1,516 words

89R3623 MEW-F

By: Gervin-Hawkins
H.B. No. 507

A BILL TO BE ENTITLED

AN ACT

relating to policies and standards for providing legal

representation to indigent defendants 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 adding Subsections (c-1) and (c-2) and amending

Subsections (d) and (m) to read as follows:

(c-1) Each local selection committee described by

Subsection (c) shall evaluate and determine the list of attorneys

in the applicable administrative judicial region qualified under

this article to be appointed to represent indigent defendants in

capital cases in which the death penalty is sought and post the list

on the Internet website of that administrative judicial region.

(c-2)(1) A statewide capital defense training and standards

committee is created. The committee must be composed of nine

members, including:

(A) two judges jointly selected by the presiding

judges of the administrative judicial regions;

(B) a criminal defense attorney appointed by the

president of the Texas Criminal Defense Lawyers Association;

(C) the chief public defender of the Regional

Public Defender for Capital Cases office, or the chief public

defender's designee;

(D) the chief capital defender of a county public

defender office appointed by the executive director of the Texas

Indigent Defense Commission;

(E) a member of the State Bar of Texas committee

on legal services to the poor in criminal matters selected by the

chair of the committee; and

(F) three attorneys appointed by the executive

director of the Texas Indigent Defense Commission.

(2) Each member of the statewide capital defense

training and standards committee must:

(A) be a licensed attorney; and

(B) have significant experience in capital

defense or indigent criminal defense policy or practice.

(3) A member of the statewide capital defense training

and standards committee may not be a prosecutor, a law enforcement

officer, or an employee of the office of capital and forensic writs.

(4) Members of the statewide capital defense training

and standards committee serve four-year terms and may be

reappointed. If a vacancy occurs, the appropriate appointing

authority shall appoint a successor in the same manner as the

original appointment to serve for the remainder of the unexpired

term.

(5) The members of the statewide capital defense

training and standards committee shall select a chair from among

the committee's members.

(6) A member of the statewide capital defense training

and standards committee may not receive compensation for service on

the committee but is entitled to be reimbursed for actual and

necessary expenses incurred in discharging committee duties. The

expenses are paid from funds appropriated to the Texas Indigent

Defense Commission.

(7) The Texas Indigent Defense Commission shall

provide administrative support to the statewide capital defense

training and standards committee as necessary to carry out the

purposes of the committee.

(d)(1) The statewide capital defense training and standards

committee created under Subsection (c-2) shall adopt policies and

standards for providing legal representation [ the qualification of

attorneys to be appointed ] to [ represent ] indigent defendants in

capital cases in which the death penalty is sought. The policies and

standards must include, with respect to the qualification of

attorneys to be appointed in capital cases, the following:

(A) training requirements and curricula;

(B) qualification standards;

(C) continuing legal education requirements; and

(D) other policies and standards as necessary to

ensure quality legal representation in capital cases.

(2) The standards described by Subdivision (1) 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 local selection

committee described by Subsection (c) to have provided deficient

legal representation [ a federal or state court to have rendered

ineffective assistance of counsel ] during the trial or appeal of

any capital case if [ , unless ] the local selection committee has

determined [ determines under Subsection (n) ] that the conduct

underlying the deficient representation [ finding no longer ]

accurately reflects the attorney's inability [ ability ] to provide

effective representation in the future ;

(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 have:

(i) trial experience in [ (ii) ]

investigating and presenting mitigating evidence at the penalty

phase of a death penalty trial , regardless of whether:

(a) the case resulted in a judgment or

dismissal; or

(b) the state subsequently waived the

death penalty in the case; or

(ii) an equivalent amount of trial

experience, as determined by the applicable local selection

committee ; and

(G) have participated in continuing legal

education courses or other training relating to criminal defense in

death penalty cases.

(3) The standards described by Subdivision (1) 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 local selection

committee described by Subsection (c) to have provided deficient

legal representation [ a federal or state court to have rendered

ineffective assistance of counsel ] during the trial or appeal of

any capital case if [ , unless ] the local selection committee has

determined [ determines under Subsection (n) ] that the conduct

underlying the deficient representation [ finding no longer ]

accurately reflects the attorney's inability [ ability ] to provide

effective representation in the future ;

(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 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 have:

(i) trial or appellate experience in [ (ii) ]

the use of mitigating evidence at the penalty phase of a death

penalty trial , regardless of whether:

(a) the case resulted in a judgment or

dismissal; or

(b) the state subsequently waived the

death penalty in the case; or

(ii) an equivalent amount of trial or

appellate experience, as determined by the applicable local

selection committee ; and

(G) have participated in continuing legal

education courses or other training relating to criminal defense in

appealing death penalty cases.

(4) The Texas Indigent Defense Commission [ committee ]

shall prominently post the policies and standards adopted by the

statewide capital defense training and standards committee under

Subdivision (1) on the commission's Internet website [ 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 a local selection committee's [ the ] list of

attorneys qualified for appointment in death penalty cases under

Subsection (c-1) and each year following the second anniversary,

the attorney must present a list of death penalty trial, direct

appeal, and habeas corpus cases in which the attorney served as

counsel and proof to the local selection committee for the

applicable administrative judicial region that the attorney has

successfully completed the training, minimum continuing legal

education requirements , and other standards adopted by the

statewide capital defense training and standards committee under

Subdivision (1) [ 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 applicable local selection committee shall remove the

attorney's name from the list of qualified attorneys under

Subsection (c-1) if the attorney fails to provide the local

selection committee with the materials required under this

subdivision [ proof of completion of the continuing legal education

requirements ].

(m) Each [ The ] local selection committee shall annually

review the list of attorneys posted under Subsection (c-1) [ (d) ] to

ensure that each listed attorney satisfies the requirements under

this chapter.

SECTION 2. Article 26.052(n), Code of Criminal Procedure,

is repealed.

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.