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.