Bill Text: TX HB2110 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the scheduling of an execution date and the issuance of a warrant of execution.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2015-04-29 - Committee report sent to Calendars [HB2110 Detail]
Download: Texas-2015-HB2110-Comm_Sub.html
84R23265 MAW-F | |||
By: Thompson of Harris, Herrero | H.B. No. 2110 | ||
Substitute the following for H.B. No. 2110: | |||
By: Herrero | C.S.H.B. No. 2110 |
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relating to the scheduling of an execution date and the issuance of | ||
a warrant of execution. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 43.141, Code of Criminal Procedure, is | ||
amended by adding Subsection (b-1) to read as follows: | ||
(b-1) A convicting court may not set an execution date | ||
unless: | ||
(1) the attorney representing the state files a | ||
written motion to set an execution date; and | ||
(2) not later than the 10th day before the date on | ||
which the court enters an order setting the execution date, a copy | ||
of the motion is served on: | ||
(A) the attorney who represented the condemned | ||
person in the most recently concluded stage of a state or federal | ||
postconviction proceeding; and | ||
(B) the office of capital writs established under | ||
Subchapter B, Chapter 78, Government Code. | ||
SECTION 2. Article 43.15, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 43.15. WARRANT OF EXECUTION. (a) Whenever any person | ||
is sentenced to death, the clerk of the court in which the sentence | ||
is pronounced[ |
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execution, issue a warrant under the seal of the court for the | ||
execution of the sentence of death, which shall recite the fact of | ||
conviction, setting forth specifically the offense, the judgment of | ||
the court, and the time fixed for the [ |
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shall be directed to the director of the correctional institutions | ||
division of the Texas Department of Criminal Justice [ |
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director [ |
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of execution, to carry the same into execution, as provided in [ |
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sheriff of the county in which such judgment of conviction was had, | ||
to be [ |
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condemned person if the person [ |
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delivered. | ||
(b) At the time the warrant is issued under Subsection (a), | ||
the clerk of the court shall send a copy of the warrant to: | ||
(1) the attorney who represented the condemned person | ||
in the most recently concluded stage of a state or federal | ||
postconviction proceeding; | ||
(2) the attorney representing the state; and | ||
(3) the office of capital writs established under | ||
Subchapter B, Chapter 78, Government Code. | ||
SECTION 3. (a) Article 43.141, Code of Criminal Procedure, | ||
as amended by this Act, applies only to an order entered on or after | ||
the effective date of this Act. An order entered before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the order was entered, and the former law is continued in | ||
effect for that purpose. | ||
(b) Article 43.15, Code of Criminal Procedure, as amended by | ||
this Act, applies only to a warrant issued on or after the effective | ||
date of this Act. A warrant issued before the effective date of this | ||
Act is governed by the law in effect on the date the warrant was | ||
issued, and the former law is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2015. |