Bill Text: TX SB831 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to the presence of a spiritual leader during an execution.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2021-03-11 - Referred to Criminal Justice [SB831 Detail]

Download: Texas-2021-SB831-Introduced.html

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87R5859 BDP-F
By: Lucio S.B. No. 831

A BILL TO BE ENTITLED
AN ACT
relating to the presence of a spiritual leader during an execution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 43.20, Code of Criminal Procedure, is
amended to read as follows:
Art. 43.20. PRESENT AT EXECUTION. The following persons
may be present at the execution: the executioner, and such persons
as may be necessary to assist him in conducting the execution; the
Texas Board of Criminal Justice [Directors of the Department of
Corrections], two physicians, including the prison physician, the
spiritual leader [advisor] of the condemned subject to Article
43.205, the chaplains of the Texas Department of Criminal Justice
[Corrections], the county judge and sheriff of the county in which
the Texas Department of Criminal Justice [Corrections] is situated,
and any of the relatives or friends of the condemned person that he
may request, not exceeding five in number, shall be admitted. No
convict shall be permitted by the prison authorities to witness the
execution.
SECTION 2. Chapter 43, Code of Criminal Procedure, is
amended by adding Article 43.205 to read as follows:
Art. 43.205. PRESENCE OF SPIRITUAL LEADER DURING EXECUTION.
(a) Not later than the 30th day after the date the convicting court
enters an order setting the execution date under Article
43.141(b-1), the condemned person may choose a spiritual leader to
be present during the person's execution. The condemned person
shall promptly notify the Texas Department of Criminal Justice of
the spiritual leader chosen by the person.
(b) Unless the spiritual leader is determined to be a
security risk in accordance with the rules adopted under Section
492.018, Government Code, the Texas Department of Criminal Justice
shall ensure that the spiritual leader chosen by the condemned
person is:
(1) present in the room during the execution;
(2) in close proximity to the condemned person; and
(3) not separated from the condemned person by a wall,
window, or any other barrier.
(c) If the spiritual leader chosen by the condemned person
is determined to be a security risk, the Texas Department of
Criminal Justice shall make a good faith effort to ensure the
presence of one of the following who is of the same faith or
denomination as the spiritual leader chosen by the condemned
person:
(1) a chaplain employed by the Texas Department of
Criminal Justice; or
(2) a spiritual leader chosen by the Texas Board of
Criminal Justice.
SECTION 3. Chapter 492, Government Code, is amended by
adding Section 492.018 to read as follows:
Sec. 492.018. POLICY ON PRESENCE OF SPIRITUAL LEADER DURING
EXECUTION. (a) The board by rule shall establish a policy regarding
the presence of a spiritual leader at an execution for purposes of
Article 43.205, Code of Criminal Procedure. The policy must
establish:
(1) appropriate criteria for the department to
determine whether the spiritual leader chosen by a condemned person
presents a security risk to the orderly carrying out of the
execution; and
(2) a process for the condemned person to appeal to the
board a determination by the department that the spiritual leader
presents a security risk.
(b) The decision of the board on appeal is final and not
subject to judicial review.
SECTION 4. Not later than December 1, 2021, the Texas Board
of Criminal Justice shall adopt the rules required by Section
492.018, Government Code, as added by this Act.
SECTION 5. This Act takes effect September 1, 2021.