1-1  By:  Brown                                            S.B. No. 1288
    1-2        (In the Senate - Filed March 22, 1993; March 22, 1993, read
    1-3  first time and referred to Committee on Criminal Justice;
    1-4  May 5, 1993, reported favorably by the following vote:  Yeas 5,
    1-5  Nays 1; May 5, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Whitmire           x                               
    1-9        Brown              x                               
   1-10        Nelson             x                               
   1-11        Sibley                                        x    
   1-12        Sims               x                               
   1-13        Turner             x                               
   1-14        West                       x                       
   1-15                         A BILL TO BE ENTITLED
   1-16                                AN ACT
   1-17  relating to the admissibility of evidence at the punishment stage
   1-18  of a criminal trial.
   1-19        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-20        SECTION 1.  Subsection (a), Section 3, Article 37.07, Code of
   1-21  Criminal Procedure, is amended to read as follows:
   1-22        (a)  Regardless of the plea and whether the punishment be
   1-23  assessed by the judge or the jury, evidence may<, as permitted by
   1-24  the Rules of Evidence,> be offered by the state and the defendant
   1-25  as to any matter the court deems relevant to sentencing, including
   1-26  but not limited to the prior criminal record of the defendant, his
   1-27  general reputation, <and> his character, an opinion regarding his
   1-28  character, the circumstances of the offense for which he is being
   1-29  tried, and, notwithstanding Rules 404 and 405, Texas Rules of
   1-30  Criminal Evidence, any other evidence of an extraneous crime or bad
   1-31  act that is shown by clear and convincing evidence to have been
   1-32  committed by the defendant or for which he could be held criminally
   1-33  responsible, regardless of whether he has previously been charged
   1-34  with or finally convicted of the crime or act.  <The term prior
   1-35  criminal record means a final conviction in a court of record, or a
   1-36  probated or suspended sentence that has occurred prior to trial, or
   1-37  any final conviction material to the offense charged.>  A court may
   1-38  consider as a factor in mitigating punishment the conduct of a
   1-39  defendant while participating in a program under Article 17.40 or
   1-40  17.42(a) of this code as a condition of release on bail.
   1-41  Additionally, notwithstanding Rule 609(d), Texas Rules of Criminal
   1-42  Evidence, evidence may be offered by the state and the defendant of
   1-43  an adjudication of delinquency based on a violation by the
   1-44  defendant of a penal law of the grade of felony unless:
   1-45              (1)  the adjudication is based on conduct committed
   1-46  more than five years before the commission of the offense for which
   1-47  the person is being tried; and
   1-48              (2)  in the five years preceding the date of the
   1-49  commission of the offense for which the person is being tried, the
   1-50  person did not engage in conduct for which the person has been
   1-51  adjudicated as a delinquent child or a child in need of supervision
   1-52  and did not commit an offense for which the person has been
   1-53  convicted.
   1-54        SECTION 2.  The importance of this legislation and the
   1-55  crowded condition of the calendars in both houses create an
   1-56  emergency and an imperative public necessity that the
   1-57  constitutional rule requiring bills to be read on three several
   1-58  days in each house be suspended, and this rule is hereby suspended,
   1-59  and that this Act take effect and be in force from and after its
   1-60  passage, and it is so enacted.
   1-61                               * * * * *
   1-62                                                         Austin,
   1-63  Texas
   1-64                                                         May 5, 1993
   1-65  Hon. Bob Bullock
   1-66  President of the Senate
   1-67  Sir:
   1-68  We, your Committee on Criminal Justice to which was referred S.B.
    2-1  No. 1288, have had the same under consideration, and I am
    2-2  instructed to report it back to the Senate with the recommendation
    2-3  that it do pass and be printed.
    2-4                                                         Whitmire,
    2-5  Chairman
    2-6                               * * * * *
    2-7                               WITNESSES
    2-8                                                  FOR   AGAINST  ON
    2-9  ___________________________________________________________________
   2-10  Name:  Kim Ogg                                   x
   2-11  Representing:  TDCAA
   2-12  City:  Houston
   2-13  -------------------------------------------------------------------
   2-14  Name:  Travis Ware                               x
   2-15  Representing:  Lubbock Co DA's Office
   2-16  City:  Lubbock
   2-17  -------------------------------------------------------------------
   2-18  Name:  Knox Fitzpatrick                          x
   2-19  Representing:  Dallas Co DA's Office
   2-20  City:  Dallas
   2-21  -------------------------------------------------------------------
   2-22  Name:  Ted Wilson                                x
   2-23  Representing:  Harris Co DA's Office
   2-24  City:  Houston
   2-25  -------------------------------------------------------------------
   2-26  Name:  John Bradley                              x
   2-27  Representing:  TDCAA
   2-28  City:  Georgetown
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   2-30  Name:  Lee Ann Breeding                          x
   2-31  Representing:  Denton Co. DA's Office
   2-32  City:  Denton
   2-33  -------------------------------------------------------------------
   2-34  Name:  Mary Poss                                 x
   2-35  Representing:  MUSCLE
   2-36  City:  Dallas
   2-37  -------------------------------------------------------------------
   2-38  Name:  Danny Hill                                              x
   2-39  Representing:  TDCAA
   2-40  City:  Amarillo
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   2-42  Name:  John Boston                                       x
   2-43  Representing:  TCDLA
   2-44  City:  Austin
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   2-46  Name:  Chris Elliott                                     x
   2-47  Representing:  TCDLA
   2-48  City:  Austin
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