no death penalty, so ordinary appointed lawyer rules

The text as introduced · 952 words

89R10655 MCF-F

By: Johnson
H.B. No. 5072

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.