Bill Text: TX SB1071 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to requiring notice of the scheduling of an execution date and the issuance of a warrant of execution.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-06-18 - Effective on 9/1/15 [SB1071 Detail]
Download: Texas-2015-SB1071-Enrolled.html
S.B. No. 1071 |
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relating to requiring notice of 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 Subsections (b-1) and (b-2) and amending | ||
Subsection (c) to read as follows: | ||
(b-1) Not later than the second business day after the date | ||
on which the convicting court enters an order setting the execution | ||
date, a copy of the order must be sent by first-class mail, e-mail, | ||
or fax to: | ||
(1) the attorney who represented the condemned person | ||
in the most recently concluded stage of a state or federal | ||
postconviction proceeding; and | ||
(2) the office of capital writs established under | ||
Subchapter B, Chapter 78, Government Code. | ||
(b-2) The exclusive remedy for a failure to comply with | ||
Subsection (b-1) is the resetting of the execution date under this | ||
article. | ||
(c) An [ |
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the 91st day after the date the convicting court enters the order | ||
setting the execution date. [ |
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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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1071 passed the Senate on | ||
April 20, 2015, by the following vote: Yeas 30, Nays 0; | ||
May 28, 2015, Senate refused to concur in House amendment and | ||
requested appointment of Conference Committee; May 29, 2015, House | ||
granted request of the Senate; May 30, 2015, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 30, | ||
Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1071 passed the House, with | ||
amendment, on May 24, 2015, by the following vote: Yeas 141, | ||
Nays 0, two present not voting; May 29, 2015, House granted request | ||
of the Senate for appointment of Conference Committee; | ||
May 31, 2015, House adopted Conference Committee Report by the | ||
following vote: Yeas 142, Nays 0, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |