The bill, H.B. No. 5072, amends Article 26.052 of the Code of Criminal Procedure to enhance the appointment of counsel for indigent defendants or juveniles in capital felony cases. It introduces a new provision (Subsection b-1) that stipulates if the death penalty cannot be sought in a capital felony case due to a ruling by higher courts, counsel must be appointed according to guidelines for indigent defendants or juveniles in first-degree felony cases. Additionally, the bill modifies the composition of local selection committees, increasing the minimum number of members from four to five, and requires that at least two members be district judges instead of one.
The bill also updates the standards for attorneys appointed as lead counsel in capital felony cases, emphasizing the need for proficiency in capital felony representation and experience in criminal law. It replaces references to "death penalty" cases with "capital felony" cases throughout the text, reflecting a shift in terminology. Furthermore, it mandates that attorneys provide proof of continuing legal education related to capital felony cases to maintain their qualification status. The changes will apply only to capital felony cases filed on or after the effective date of the Act, which is set for September 1, 2025.