SENATE AMENDMENT

    Bill No. CS for SB 1328

    Amendment No.    

                            CHAMBER ACTION
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11  Senators Burt, Silver, and Gutman moved the following

12  amendment:

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14         Senate Amendment (with title amendment) 

15         On page 5, lines 15-22, delete those lines

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17  and insert:

18         (3)  An attorney who applies for registration and court

19  appointment as counsel in postconviction capital collateral

20  proceedings must certify that he or she is counsel of record

21  in not more than four such proceedings and, if appointed to

22  represent a person in postconviction capital collateral

23  proceedings, shall continue such representation under the

24  terms and conditions set forth in s. 27.711 until the sentence

25  is reversed, reduced, or carried out or unless permitted to

26  withdraw from representation by the trial court. The court may

27  not permit an attorney to withdraw from representation without

28  a finding of extraordinary circumstances and sufficient good

29  cause. The court may impose appropriate sanctions if it finds

30  that an attorney has shown bad faith with respect to

31  continuing to represent a defendant in a postconviction

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1328

    Amendment No.    





 1  capital collateral proceeding. This section does not preclude

 2  the court from reassigning a case to a capital collateral

 3  regional counsel following discontinuation of representation

 4  if a conflict of interest no longer exists with respect to the

 5  case.

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 8  ================ T I T L E   A M E N D M E N T ===============

 9  And the title is amended as follows:

10         On page 1, line 23, after the semicolon,

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12  insert:

13         limiting the circumstances under which the

14         court may permit an attorney to withdraw from

15         representation following appointment;

16         authorizing the court to impose sanctions;

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