Pete Sessions: “The modification to the bill that was approved on the Senate floor today changes who can serve on the capital-counsel…”

“The modification to the bill that was approved on the Senate floor today changes who can serve on the capital-counsel entity that selects and manages counsel for State capital cases in States that do not have a public defender program. The committee-passed version of the bill read that, to receive its portion of the funds for State capital counsel, a State that does not have a public defender system must place control of the appointment of defense counsel in "an entity established by statute or by the highest State court with jurisdiction in criminal cases, which is composed of individuals with demonstrated knowledge and expertise in capital representation." The new version of the bill reads that the entity must be "composed of individuals with demonstrated knowledge and expertise in capital cases, except for individuals currently employed as prosecutors." Previously, the bill required that only defense--lawyers and maybe retired prosecutors, or anyone else who "represented" parties in capital cases--be appointed to manage the entity.”