By Shapiro                                             S.B. No. 143
       74R2181 NSC-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the defendant's right to waive automatic review of the
    1-3  judgment of conviction and sentence in a capital case.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 2(h), Article 37.071, Code of Criminal
    1-6  Procedure, is amended to read as follows:
    1-7        (h)  The judgment of conviction and sentence of death shall
    1-8  be subject to automatic review by the Court of Criminal Appeals.  A
    1-9  defendant may waive on the record in open court or by written
   1-10  instrument filed with the court the review of the judgment of
   1-11  conviction and sentence of death under this subsection.  The
   1-12  defendant may not withdraw a waiver recorded by the court under
   1-13  this subsection.
   1-14        SECTION 2.  Section 3, Article 37.0711, Code of Criminal
   1-15  Procedure, is amended by adding Subsection (k) to read as follows:
   1-16        (k)  A defendant may waive on the record in open court or by
   1-17  written instrument filed with the court the review of the judgment
   1-18  of conviction and sentence of death under Subsection (j) of this
   1-19  section.  The defendant may not withdraw a waiver recorded by the
   1-20  court under this subsection.
   1-21        SECTION 3.  The importance of this legislation and the
   1-22  crowded condition of the calendars in both houses create an
   1-23  emergency and an imperative public necessity that the
   1-24  constitutional rule requiring bills to be read on three several
    2-1  days in each house be suspended, and this rule is hereby suspended,
    2-2  and that this Act take effect and be in force from and after its
    2-3  passage, and it is so enacted.