BILL ANALYSIS C.S.S.B. 38 By: Brown (Bailey) April 27, 1995 Committee Report (Substituted) BACKGROUND Currently, Article 43.20, Code of Criminal Procedure, does not allow relatives of a deceased victim to witness the execution of an inmate sentenced to death. Furthermore, the Texas Department of Criminal Justice's policy explicitly states that only two groups of people cannot be present at an execution: 1) any inmate currently confined within the Texas Department of Corrections; and 2) relatives of any victim of the crime for which the condemned inmate is sentenced to death. Some family members of the victim want to witness the execution. They believe it will provide closure to a tragic incident in their lives and that the right to witness the execution is a question of equal opportunity. They want the law to grant victims parity with convicted inmates. According to statute, the convicted inmate may allow up to five friends or relatives to witness the execution. Louisiana, California, and Washington all have laws allowing family members to watch executions. Most families do not take advantage of the provision. However, many family members feel they should be given the opportunity to witness the execution if they are so inclined. PURPOSE If enacted, C.S.S.B. 38 would expand the list of those allowed to witness a defendant's execution and would confer responsibility on the Texas Department of Criminal Justice for the notification of a victim's relatives. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 43.20, Code of Criminal Procedure (PRESENT AT EXECUTION), as follows: Art. 43.20. PRESENT AT EXECUTION. Replaces "Board of Directors of the Department of Corrections" with "members of the Texas Board of Criminal Justice." Replaces "Department of Corrections" with "institutional division of the Texas Department of Criminal Justice." Expands the list of people allowed to be present at an execution to include a maximum of five close relatives of the deceased victim, as defined by Article 56.01. SECTION 2. Amends Article 56.02, Code of Criminal Procedure (CRIME VICTIMS' RIGHTS), by adding Subsection (e) as follows: (e) entitles a close relative of a deceased victim, following a defendant's conviction for capital murder, to attend the execution, as provided by Article 43.20. Requires the Texas Department of Criminal Justice to take reasonable measures to provide notification of the date, time, and place of the impending execution to the close relatives of the deceased victim who have filed a victim impact statement which has been provided to the department. SECTION 3. Emergency clause. COMPARISON OF SUBSTITUTE TO ORIGINAL SECTION 2 of C.S.S.B. 38 amends Article 56.02, Code of Criminal Procedure, by adding Subsection (e). This entitles a close relative of a deceased victim to attend the execution of a defendant convicted of capital murder. This subsection also confers specific responsibility on the Texas Department of Criminal Justice for the notification of a deceased victim's relatives who may desire to view the defendant's execution and who have filed a victim impact statement. SUMMARY OF COMMITTEE ACTION SB 38 was considered by the full committee in a formal meeting on April 27, 1995. The committee considered a complete committee substitute. The substitute was adopted by a non-record vote. SB 38 was reported favorably as substituted, with the recommendation that it do pass and be printed, by a record vote of 5 ayes, 1 nay, 1 pnv, and 2 absent.