By Naishtat                                            H.B. No. 398
         76R603 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to considerations applicable to a decision to commute a
 1-3     sentence of death.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 48, Code of Criminal Procedure, is
 1-6     amended by adding Article 48.042 to read as follows:
 1-7           Art. 48.042.  CRITERIA FOR COMMUTING SENTENCE OF DEATH.  The
 1-8     Board of Pardons and Paroles, in determining whether to recommend
 1-9     to the governor that the governor commute an inmate's sentence of
1-10     death, shall consider, in addition to other information the board
1-11     determines is relevant:
1-12                 (1)  the validity of any unresolved legal issues,
1-13     including any remaining doubt as to the inmate's guilt;
1-14                 (2)  the severity of the inmate's punishment relative
1-15     to the punishment of an equally or more culpable codefendant;
1-16                 (3)  whether mercy for its own sake is appropriate,
1-17     taking into account the inmate's societal history;
1-18                 (4)  whether officers of the court or family members of
1-19     the victim or inmate support commutation;
1-20                 (5)  whether the inmate was intoxicated at the time of
1-21     the offense;
1-22                 (6)  the culpable mental state with which the inmate
1-23     committed the offense;
1-24                 (7)  the inmate's mental condition, including any
 2-1     issues of competency raised at the time of trial or before
 2-2     execution and any mental illness or mental retardation;
 2-3                 (8)  the inmate's current physical condition;
 2-4                 (9)  the inmate's disciplinary record;
 2-5                 (10)  whether the inmate is rehabilitated;
 2-6                 (11)  personal testimony given by the inmate; and
 2-7                 (12)  any submission by the inmate's counsel.
 2-8           SECTION 2.  This Act takes effect September 1, 1999.
 2-9           SECTION 3.  The importance of this legislation and the
2-10     crowded condition of the calendars in both houses create an
2-11     emergency and an imperative public necessity that the
2-12     constitutional rule requiring bills to be read on three several
2-13     days in each house be suspended, and this rule is hereby suspended.