(a) Whenever any person accused of a capital felony for which the death penalty is being sought has been determined to be indigent, as provided in Article 1 of this chapter, the court in which such charges are pending may notify the office, and the office shall assume the defense of such person if the resources, funding, and staffing of the office allow; provided, however, that the public defender of any county shall have the option to assume sole responsibility for the defense of any such person.

(b) If for any reason the office is unable to defend any indigent person accused of a capital felony for which the death penalty is being sought, such defense shall be provided as otherwise provided by law.

(c) The office shall be responsible for the defense of any person referred to it pursuant to subsection (a) of this Code section if the resources, funding, and staffing of the office allow. Such defense shall include all proceedings in the trial court and any appeals to the Supreme Court of Georgia. The office shall not assist with any petition for a writ of habeas corpus in federal court.