BILL ANALYSIS


                                                          S.B. 38
                                                        By: Brown
                                                 Criminal Justice
                                                          3-22-95
                                       Committee Report (Amended)

BACKGROUND

Currently, only the executioner and other persons necessary to
assist in conducting the execution, the board of directors of the
Department of Corrections, two physicians, the spiritual advisor of
the condemned, the chaplains of the institutional division of the
Department of Criminal Justice, the county judge and sheriff of the
county, and relatives or friends of the condemned person are
allowed to attend the execution of a capital felon.

PURPOSE

As proposed, S.B. 38 permits victims of a crime or their families
to attend the execution of the capital felon responsible for
committing the crime against them.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 43.20, Code of Criminal Procedure, as
follows:

     Art. 43.20. PRESENT AT EXECUTION. Authorizes no more than five
     close relatives of the deceased victim to be present at an
     execution. Makes nonsubstantive changes.
SECTION 2. Emergency clause.
           Effective date: upon passage.