By: Gervin-Hawkins, Moody, Crockett H.B. No. 679       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), (c-2), (c-3), (c-4), (c-5),   and (c-6) and amending Subsections (d) and (m) to read as follows:          (c-1)  The local selection committee shall evaluate and   determine the list of attorneys qualified under this article to be   appointed to represent indigent defendants in capital cases in   which the death penalty is sought and post a list of those attorneys   on the Internet website of each administrative judicial region.          (c-2)  A statewide capital defense training and standards   committee is created. Each member of the committee must be a   licensed attorney and must have significant experience in capital   defense or indigent criminal defense policy or practice. A member   of the committee may not be a prosecutor, a law enforcement officer,   or an employee of the office of capital and forensic writs. The   committee must be composed of nine members, including:                (1)  two judges jointly selected by the presiding   judges of the administrative judicial regions;                (2)  a criminal defense attorney appointed by the   president of the Texas Criminal Defense Lawyers Association;                (3)  the chief public defender of the Regional Public   Defender for Capital Cases office, or the chief public defender's   designee;                (4)  the chief capital defender of a county public   defender office appointed by the executive director of the Texas   Indigent Defense Commission;                (5)  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                (6)  three attorneys appointed by the executive   director of the Texas Indigent Defense Commission.          (c-3)  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.          (c-4)  The members of the statewide capital defense training   and standards committee shall select a chair from among the   committee's members.          (c-5)  A member of the statewide capital defense training and   standards committee may not receive compensation for services 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.          (c-6)  The Texas Indigent Defense Commission shall provide   administrative support as necessary to carry out the purposes of   this article.          (d)(1)  The statewide capital defense training and standards   committee 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 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 the local selection   committee 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 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 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 the local selection   committee 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 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 the list of attorneys qualified for   appointment in death penalty cases 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 that the attorney has successfully completed the   training, minimum continuing legal education requirements, and   other standards established by the statewide capital defense   training and standards committee established under Subsection   (c-2) [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 local   selection committee shall remove the attorney's name from the list   of qualified attorneys if the attorney fails to provide the local   selection committee with the materials required under this   subsection [proof of completion of the continuing legal education   requirements].          (m)  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, 2021.