SRC-JBJ, TBR S.B. 133 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 133
77R604 GWK-DBy: West, Royce
Criminal Justice
2/16/2001
As Filed


DIGEST AND PURPOSE 

Under current Texas law, offering as evidence that the race or ethnicity of
the defendant makes it either likely or unlikely that the defendant will
engage in future criminal conduct is not prohibited.  As proposed, S.B. 133
prohibits evidence being offered that the race or ethnicity of the
defendant makes it either likely or unlikely that the defendant will engage
in future criminal conduct. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 3(a), Article 37.07, Code of Criminal Procedure,
to prohibit evidence from being offered by the state or the defendant to
establish that the race or ethnicity of the defendant makes it either
likely or unlikely that the defendant will engage in future criminal
conduct.  Updates references to Texas Rules of Evidence, rather than
Criminal Evidence.  

SECTION 2.  Amends Section 2(a), Article 37.071, Code of Criminal
Procedure, to make conforming changes. 

SECTION 3.  Amends Section 3(a), Article 37.0711, Code of Criminal
Procedure, to make conforming changes. 

SECTION 4.  Provides that the change in law made by this Act applies to any
sentencing proceeding on or after the effective date, regardless of when
the offense for which the defendant was convicted occurred. 

SECTION 5.  Effective date: September 1, 2001.