PUBLIC LAW 109–177—MAR. 9, 2006
120 STAT. 231
Subtitle B—Federal Death Penalty Procedures SEC. 221. ELIMINATION OF PROCEDURES APPLICABLE ONLY TO CERTAIN CONTROLLED SUBSTANCES ACT CASES.
Section 408 of the Controlled Substances Act (21 U.S.C. 848) is amended— (1) in subsection (e)(2), by striking ‘‘(1)(b)’’ and inserting ‘‘(1)(B)’’; (2) by striking subsection (g) and all that follows through subsection (p); (3) by striking subsection (r); and (4) in subsection (q), by striking paragraphs (1) through (3). SEC. 222. COUNSEL FOR FINANCIALLY UNABLE DEFENDANTS.
(a) IN GENERAL.—Chapter 228 of title 18, United States Code, is amended by adding at the end the following new section: ‘‘§ 3599. Counsel for financially unable defendants ‘‘(a)(1) Notwithstanding any other provision of law to the contrary, in every criminal action in which a defendant is charged with a crime which may be punishable by death, a defendant who is or becomes financially unable to obtain adequate representation or investigative, expert, or other reasonably necessary services at any time either— ‘‘(A) before judgment; or ‘‘(B) after the entry of a judgment imposing a sentence of death but before the execution of that judgment; shall be entitled to the appointment of one or more attorneys and the furnishing of such other services in accordance with subsections (b) through (f). ‘‘(2) In any post conviction proceeding under section 2254 or 2255 of title 28, United States Code, seeking to vacate or set aside a death sentence, any defendant who is or becomes financially unable to obtain adequate representation or investigative, expert, or other reasonably necessary services shall be entitled to the appointment of one or more attorneys and the furnishing of such other services in accordance with subsections (b) through (f). ‘‘(b) If the appointment is made before judgment, at least one attorney so appointed must have been admitted to practice in the court in which the prosecution is to be tried for not less than five years, and must have had not less than three years experience in the actual trial of felony prosecutions in that court. ‘‘(c) If the appointment is made after judgment, at least one attorney so appointed must have been admitted to practice in the court of appeals for not less than five years, and must have had not less than three years experience in the handling of appeals in that court in felony cases. ‘‘(d) With respect to subsections (b) and (c), the court, for good cause, may appoint another attorney whose background, knowledge, or experience would otherwise enable him or her to properly represent the defendant, with due consideration to the seriousness of the possible penalty and to the unique and complex nature of the litigation.
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