The bill, S.B. No. 2741, 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 pursued in a capital felony case due to a ruling by higher courts, counsel must be appointed according to guidelines for indigent defendants in first-degree felony cases. Additionally, the bill modifies the composition of local selection committees responsible for appointing counsel, increasing the minimum number of members from four to five and specifying the qualifications required for attorneys appointed as lead counsel in capital felony cases.
The bill also updates the standards for attorneys appointed in capital felony cases, replacing references to "death penalty" with "capital felony" throughout the text. It emphasizes the need for attorneys to have significant experience in criminal law, including trial and appellate work related to capital felonies. Furthermore, it mandates that attorneys must complete continuing legal education requirements specific to capital felony cases to maintain their qualifications. 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.