HB5072 - Relating to the appointment of counsel for indigent defendants or juveniles in certain capital felony cases.

  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.