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AN ACT
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relating to requiring notice of the scheduling of an execution date |
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and the issuance of a warrant of execution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 43.141, Code of Criminal Procedure, is |
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amended by adding Subsections (b-1) and (b-2) and amending |
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Subsection (c) to read as follows: |
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(b-1) Not later than the second business day after the date |
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on which the convicting court enters an order setting the execution |
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date, a copy of the order must be sent by first-class mail, e-mail, |
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or fax to: |
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(1) the attorney who represented the condemned person |
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in the most recently concluded stage of a state or federal |
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postconviction proceeding; and |
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(2) the office of capital writs established under |
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Subchapter B, Chapter 78, Government Code. |
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(b-2) The exclusive remedy for a failure to comply with |
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Subsection (b-1) is the resetting of the execution date under this |
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article. |
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(c) An [The first] execution date may not be earlier than |
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the 91st day after the date the convicting court enters the order |
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setting the execution date. [A subsequent execution date may not be
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earlier than the 31st day after the date the convicting court enters
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the order setting the execution date.] |
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SECTION 2. Article 43.15, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 43.15. WARRANT OF EXECUTION. (a) Whenever any person |
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is sentenced to death, the clerk of the court in which the sentence |
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is pronounced[,] shall, not later than the 10th day [within ten
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days] after the court enters its order setting the date for |
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execution, issue a warrant under the seal of the court for the |
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execution of the sentence of death, which shall recite the fact of |
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conviction, setting forth specifically the offense, the judgment of |
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the court, and the time fixed for the [his] execution, and which |
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shall be directed to the director of the correctional institutions |
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division of the Texas Department of Criminal Justice [Director of
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the Department of Corrections] at Huntsville, Texas, commanding the |
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director [him] to proceed, at the time and place named in the order |
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of execution, to carry the same into execution, as provided in [the
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preceding] Article 43.14, and shall deliver such warrant to the |
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sheriff of the county in which such judgment of conviction was had, |
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to be [by him] delivered by the sheriff to the director [said
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Director of the Department of Corrections], together with the |
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condemned person if the person [he] has not previously been so |
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delivered. |
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(b) At the time the warrant is issued under Subsection (a), |
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the clerk of the court shall send a copy of the warrant to: |
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(1) the attorney who represented the condemned person |
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in the most recently concluded stage of a state or federal |
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postconviction proceeding; |
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(2) the attorney representing the state; and |
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(3) the office of capital writs established under |
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Subchapter B, Chapter 78, Government Code. |
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SECTION 3. (a) Article 43.141, Code of Criminal Procedure, |
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as amended by this Act, applies only to an order entered on or after |
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the effective date of this Act. An order entered before the |
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effective date of this Act is governed by the law in effect on the |
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date the order was entered, and the former law is continued in |
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effect for that purpose. |
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(b) Article 43.15, Code of Criminal Procedure, as amended by |
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this Act, applies only to a warrant issued on or after the effective |
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date of this Act. A warrant issued before the effective date of |
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this Act is governed by the law in effect on the date the warrant was |
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issued, and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1071 passed the Senate on |
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April 20, 2015, by the following vote: Yeas 30, Nays 0; |
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May 28, 2015, Senate refused to concur in House amendment and |
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requested appointment of Conference Committee; May 29, 2015, House |
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granted request of the Senate; May 30, 2015, Senate adopted |
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Conference Committee Report by the following vote: Yeas 30, |
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Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1071 passed the House, with |
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amendment, on May 24, 2015, by the following vote: Yeas 141, |
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Nays 0, two present not voting; May 29, 2015, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 31, 2015, House adopted Conference Committee Report by the |
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following vote: Yeas 142, Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |