HB 5303 Summary

• Removes trial court authority to appoint public defenders or other attorneys to represent defendants in executive clemency proceedings.

• Creates new section 940.031 establishing a Board of Executive Clemency clemency counsel program to appoint private counsel for death-sentenced individuals seeking executive clemency relief.

• Sets compensation for clemency counsel appointed by the Board of Executive Clemency at up to $10,000, paid from General Revenue Fund budgeted to the Parole Commission.

• Deletes previous provisions allowing courts to compensate attorneys up to $1,000 for executive clemency representation and clarifies that appointment of clemency counsel is at the board's sole discretion with no statutory right to counsel guaranteed.

• Becomes effective July 1, 2014.