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.