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
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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
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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
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2-34 Name: Mary Poss x
2-35 Representing: MUSCLE
2-36 City: Dallas
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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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