85R4846 MEW-F     By: White H.B. No. 1676       A BILL TO BE ENTITLED   AN ACT   relating to the establishment of the capital appellate defense   committee and the office of capital appellate defender.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 26.044(a), Code of Criminal Procedure,   is amended by adding Subdivision (2-a) to read as follows:                (2-a) "Office of capital appellate defender" means the   office of capital appellate defender established under Subchapter   C, Chapter 78A, Government Code.          SECTION 2.  Article 26.044, Code of Criminal Procedure, is   amended by adding Subsection (o) to read as follows:          (o)  An attorney employed by a public defender's office may   be appointed with respect to a direct appeal of a death penalty case   under Article 26.052(i) if the attorney is on the list of qualified   counsel maintained under Article 26.052(d).          SECTION 3.  Subtitle F, Title 2, Government Code, is amended   by adding Chapter 78A to read as follows:   CHAPTER 78A. CAPITAL APPELLATE DEFENSE COMMITTEE AND OFFICE OF   CAPITAL APPELLATE DEFENDER   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 78A.001.  DEFINITIONS.  In this chapter:                (1)  "Committee" means the capital appellate defense   committee established under Subchapter B.                (2)  "Office" means the office of capital appellate   defender established under Subchapter C.   SUBCHAPTER B. CAPITAL APPELLATE DEFENSE COMMITTEE          Sec. 78A.051.  ESTABLISHMENT OF COMMITTEE; DUTIES. (a)  The   capital appellate defense committee is established.          (b)  The committee shall recommend to the court of criminal   appeals as provided by Section 78A.053 a director for the office   when a vacancy exists for the position of director.          Sec. 78A.052.  APPOINTMENT AND COMPOSITION OF COMMITTEE.   (a) The committee is composed of five members who are:                (1)  appointed by the executive director of the Texas   Indigent Defense Commission; and                (2)  licensed attorneys with significant experience in   capital defense or criminal indigent defense policy or practice.          (b)  The committee members serve at the pleasure of the   executive director of the Texas Indigent Defense Commission.           (c)  The committee shall elect one member of the committee to   serve as the presiding officer of the committee.          (d)  The committee meets at the call of the presiding officer   of the committee.          Sec. 78A.053.  RECOMMENDATION AND APPOINTMENT OF DIRECTOR OF   OFFICE. (a)  The committee shall submit to the court of criminal   appeals, in order of the committee's preference, a list of the names   of at least three persons the committee recommends that the court   consider in appointing the director of the office when a vacancy   exists for the position of director.          (b)  Each person recommended to the court of criminal appeals   by the committee under Subsection (a):                (1)  must exhibit proficiency and commitment to   providing quality representation to defendants in death penalty   cases, as described by the Guidelines and Standards for Texas   Capital Counsel, as published by the State Bar of Texas; and                (2)  may not have been found by a state or federal court   to have rendered ineffective assistance of counsel during the trial   or appeal of a death penalty case.          (c)  When a vacancy for the position exists, the court of   criminal appeals shall appoint from the list of persons submitted   to the court under Subsection (a) the director of the office.   SUBCHAPTER C. OFFICE OF CAPITAL APPELLATE DEFENDER          Sec. 78A.101.  ESTABLISHMENT. The office of capital   appellate defender is established and operates under the direction   and supervision of the director of the office.          Sec. 78A.102.  DIRECTOR; STAFF. (a) The court of criminal   appeals shall appoint a director to direct and supervise the   operation of the office.  The director serves a four-year term and   continues to serve until a successor has been appointed.  The court   of criminal appeals may remove the director only for good   cause.  The director may be reappointed for subsequent terms.          (b)  The director shall employ attorneys and other personnel   necessary to perform the duties of the office.  To be employed by   the director, an attorney may not have been found by a state or   federal court to have rendered ineffective assistance of counsel   during the trial or appeal of a death penalty case.          (c)  The director and any attorney employed by the office may   not:                (1)  engage in the private practice of criminal law; or                (2)  accept anything of value not authorized by law for   services rendered under this subchapter.          Sec. 78A.103.  POWERS AND DUTIES. (a) The office may   represent an indigent defendant who has been sentenced to death   under Article 37.071, Code of Criminal Procedure, in the   defendant's:                (1)  motions for a new trial;                (2)  direct appeal before the court of criminal   appeals;                (3)  petition for a writ of certiorari in the United   States Supreme Court; and                (4)  application for a writ of mandamus or prohibition   that is collateral to the representation described by Subdivisions   (1), (2), and (3).          (b)  A district court or the district court's designee shall   give the office priority in appointing appellate counsel under   Article 26.052, Code of Criminal Procedure, to represent an   indigent defendant who has been sentenced to death.          (c)  The office may not accept an appointment in any criminal   proceeding if:                (1)  a conflict of interest exists;                (2)  the office has insufficient resources to provide   competent representation for the defendant;                (3)  the office is incapable of providing   representation for the defendant in accordance with the rules of   professional conduct; or                (4)  other good cause is shown for not accepting the   appointment.          (d)  The office may consult with law school clinics with   applicable knowledge and experience and with other experts as   necessary to research the legal issues of a particular case.          Sec. 78A.104.  COMPENSATION OF OTHER APPOINTED ATTORNEYS.   If it is necessary that an attorney other than an attorney employed   by the office be appointed, that attorney shall be compensated as   provided by Article 26.052, Code of Criminal Procedure.          SECTION 4.  (a)  Not later than January 15, 2018, the   executive director of the Texas Indigent Defense Commission shall   appoint the members of the capital appellate defense committee   under Section 78A.052, Government Code, as added by this Act.          (b)  Not later than May 15, 2018, the capital appellate   defense committee shall submit to the Texas Court of Criminal   Appeals the list of candidates for the position of the director of   the office of capital appellate defender under Section 78A.053,   Government Code, as added by this Act.          (c)  Not later than September 1, 2018, the Texas Court of   Criminal Appeals shall appoint the director of the office of   capital appellate defender under Section 78A.102, Government Code,   as added by this Act.          SECTION 5.  This Act takes effect September 1, 2017.