85R10008 MEW-F     By: Gervin-Hawkins H.B. No. 3411       A BILL TO BE ENTITLED   AN ACT   relating to the standards for attorneys representing indigent   defendants in certain capital cases.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Articles 26.052(d)(2) and (3), 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 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 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 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 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.          SECTION 2.  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 3.  This Act takes effect September 1, 2017.