Bill Text: TX SB1270 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to prohibiting seeking or imposing the death penalty on the basis of a person's race.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-13 - Referred to Criminal Justice [SB1270 Detail]
Download: Texas-2013-SB1270-Introduced.html
| 83R8888 JRR-F | ||
| By: West | S.B. No. 1270 | |
|
|
||
|
|
||
| relating to prohibiting seeking or imposing the death penalty on | ||
| the basis of a person's race. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 1, Code of Criminal Procedure, is amended | ||
| by adding Chapter 53 to read as follows: | ||
| CHAPTER 53. PROCEDURE IN CERTAIN DEATH PENALTY CASES | ||
| Art. 53.01. RACIAL DISCRIMINATION PROHIBITED. No person | ||
| shall be subject to or given a sentence of death or executed under | ||
| any judgment that was sought or obtained on the basis of race. | ||
| Art. 53.02. PROOF OF RACIAL DISCRIMINATION; PROCEDURE. (a) | ||
| The defendant has the burden of proving by a preponderance of the | ||
| evidence that race was a significant factor in the decision to seek | ||
| or impose the sentence of death in the county at the time the death | ||
| sentence was sought or imposed. | ||
| (b) The state may offer evidence in rebuttal of the | ||
| defendant's claims or evidence, including statistical evidence. | ||
| The court may consider evidence of the impact on the defendant's | ||
| trial of any program the purpose of which is to eliminate race as a | ||
| factor in seeking or imposing a sentence of death. | ||
| (c) Evidence to establish a finding that race was a | ||
| significant factor in the decision to seek or impose the sentence of | ||
| death in the county at the time the death sentence was sought or | ||
| imposed may include: | ||
| (1) statistical evidence derived from the county where | ||
| the defendant was sentenced to death, including evidence that death | ||
| sentences were sought or imposed more frequently as punishment for | ||
| capital offenses against persons of one race than as punishment for | ||
| capital offenses against persons of another race; or | ||
| (2) other evidence specific to the defendant's case | ||
| showing that the race of the defendant was a significant factor in | ||
| the decision to seek or impose the sentence of death, including | ||
| evidence showing that race was a significant factor in the decision | ||
| to exercise peremptory challenges during jury selection. | ||
| (d) The evidence under Subsection (c)(2) may include sworn | ||
| testimony of an attorney, prosecutor, law enforcement officer, | ||
| judicial officer, juror, or other person involved in the criminal | ||
| justice system. Testimony by a juror under this subsection must | ||
| comply with Rule 606(b), Texas Rules of Evidence. | ||
| (e) A motion filed under this article must state with | ||
| particularity how the evidence supports a claim that race was a | ||
| significant factor in the decision to seek or impose the sentence of | ||
| death in the county at the time the death sentence was sought or | ||
| imposed. The claim must be raised by the defendant at the pretrial | ||
| conference or hearing under Article 28.01 and may be raised by the | ||
| defendant in any postconviction proceeding. The court shall set a | ||
| hearing on the claim and may prescribe a time before the hearing for | ||
| each party to present a summary of the evidence the party intends to | ||
| introduce. | ||
| (f) If the court finds that race was a significant factor in | ||
| a decision to seek or impose the sentence of death at the time the | ||
| death sentence was sought or imposed, the court shall order that a | ||
| death sentence not be sought, or that the death sentence imposed by | ||
| the judgment be vacated and the defendant resentenced to life | ||
| imprisonment without the possibility of parole. | ||
| (g) Filing a motion under this article does not limit or | ||
| restrict the defendant's eligibility for any other postconviction | ||
| procedure authorized by this code, including another action under | ||
| this chapter. The provisions of Article 28.01 prohibiting further | ||
| adjudication of certain matters not raised at a pretrial hearing do | ||
| not apply to matters related to a defendant's motion under this | ||
| article. | ||
| SECTION 2. (a) Chapter 53, Code of Criminal Procedure, as | ||
| added by this Act, applies to a defendant alleged to have committed | ||
| a capital offense regardless of whether the alleged offense was | ||
| committed before, on, or after the effective date of this Act. | ||
| (b) Notwithstanding Article 53.02(e), Code of Criminal | ||
| Procedure, as added by this Act, prescribing the proceedings at | ||
| which a claim under Article 53.02 may be raised, a person sentenced | ||
| to death before the effective date of this Act who is not otherwise | ||
| eligible to file a motion under this chapter in a postconviction | ||
| proceeding may file a separate motion under Article 53.02, Code of | ||
| Criminal Procedure, as added by this Act, but not after the first | ||
| anniversary of the effective date of this Act. | ||
| SECTION 3. This Act takes effect September 1, 2013. | ||
