By Wilson H.B. No. 892
76R3414 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to race as a factor in the prosecution of capital cases in
1-3 which the death penalty is sought by the state.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 28, Code of Criminal Procedure, is
1-6 amended by adding Article 28.011 to read as follows:
1-7 Art. 28.011. RACE AS FACTOR IN CAPITAL CASE. (a) In a
1-8 capital case in which the state has notified the court and the
1-9 defendant that the state will seek the death penalty, the defendant
1-10 is entitled on request to a pre-trial hearing at which the court
1-11 determines whether the decision by the state to seek the death
1-12 penalty was based in significant part on the race of the defendant
1-13 or the victim of the alleged offense. If a pre-trial hearing on
1-14 other matters is held under Article 28.01, the defendant's request
1-15 under this article must be disposed of in the same hearing.
1-16 However, the provisions of Article 28.01 prohibiting further
1-17 adjudication of certain matters not raised at a pre-trial hearing
1-18 do not apply to matters related to a defendant's request under this
1-19 article.
1-20 (b) At a pre-trial hearing under this article a defendant
1-21 may allege that the state is seeking the death penalty in the case
1-22 in significant part because of the race of the defendant or the
1-23 victim of the alleged offense. The defendant may present
1-24 statistical evidence or any other evidence showing that in the
2-1 state as a whole or in the county in which the defendant is to be
2-2 tried, certain persons are disproportionately subjected to
2-3 prosecution seeking the death penalty, either because of the race
2-4 of the defendant or the race of the alleged victim. The state is
2-5 entitled to admit relevant evidence rebutting an allegation made by
2-6 a defendant under this article. If the court finds that by clear
2-7 and convincing evidence the defendant has proven that the decision
2-8 of the state to seek the death penalty in the defendant's case was
2-9 made in significant part because of race, the court shall order the
2-10 attorney representing the state to not proceed with the prosecution
2-11 of the case as a death penalty case.
2-12 SECTION 2. The change in law made by this Act applies to any
2-13 capital case for which voir dire begins on or after the effective
2-14 date of this Act, regardless of whether the offense was committed
2-15 before, on, or after the effective date of this Act.
2-16 SECTION 3. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended,
2-21 and that this Act take effect and be in force from and after its
2-22 passage, and it is so enacted.