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


Senate Research CenterS.B. 133
77R604 GWK-DBy: West
Criminal Justice
2/22/2001
Committee Report (Amended)


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 by the state that the race or ethnicity of
the defendant makes it likely 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, notwithstanding Subdivision (1),  from being offered
by the state to establish that the race or ethnicity of the defendant makes
it likely 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.

SUMMARY OF COMMITTEE CHANGES

Committee Amendment No. 1.

Amends proposed new language to remove text prohibiting the defendant from
offering as evidence the race or ethnicity of the defendant in determining
the likelihood of future criminal conduct in each place in the bill where
it appears.