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.