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A BILL TO BE ENTITLED
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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), (b-2), and (b-3) to read as |
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follows: |
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(b-1) The attorney representing the state must ensure that a |
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copy of the state's motion to set an execution date is served on the |
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attorney who represented the condemned person in the most recently |
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concluded stage of a state or federal postconviction proceeding. |
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(b-2) If the convicting court intends to set an execution |
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date under this article on its own motion, the clerk of the |
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convicting court must provide written notice of that intent 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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(b-3) A copy served or notice provided under Subsection |
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(b-1) or (b-2) must be: |
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(1) personally delivered not later than the 10th day |
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before the day on which the court enters an order setting the |
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execution date; or |
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(2) sent by first class mail and deposited in the mail |
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not later than the 16th day before the day on which the court enters |
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an 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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