By: West, Zaffirini S.B. No. 133
Moncrief
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the admissibility in a criminal trial of race or
1-3 ethnicity as a predictor of future criminal behavior.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (a), Section 3, Article 37.07, Code of
1-6 Criminal Procedure, is amended to read as follows:
1-7 (a)(1) Regardless of the plea and whether the punishment be
1-8 assessed by the judge or the jury, evidence may be offered by the
1-9 state and the defendant as to any matter the court deems relevant
1-10 to sentencing, including but not limited to the prior criminal
1-11 record of the defendant, his general reputation, his character, an
1-12 opinion regarding his character, the circumstances of the offense
1-13 for which he is being tried, and, notwithstanding Rules 404 and
1-14 405, Texas Rules of [Criminal] Evidence, any other evidence of an
1-15 extraneous crime or bad act that is shown beyond a reasonable doubt
1-16 by evidence to have been committed by the defendant or for which he
1-17 could be held criminally responsible, regardless of whether he has
1-18 previously been charged with or finally convicted of the crime or
1-19 act. A court may consider as a factor in mitigating punishment the
1-20 conduct of a defendant while participating in a program under
1-21 Chapter 17 as a condition of release on bail. Additionally,
1-22 notwithstanding Rule 609(d), Texas Rules of [Criminal] Evidence,
1-23 and subject to Subsection (h), evidence may be offered by the state
1-24 and the defendant of an adjudication of delinquency based on a
1-25 violation by the defendant of a penal law of the grade of:
2-1 (A) [(1)] a felony; or
2-2 (B) [(2)] a misdemeanor punishable by
2-3 confinement in jail.
2-4 (2) Notwithstanding Subdivision (1), evidence may not
2-5 be offered by the state to establish that the race or ethnicity of
2-6 the defendant makes it likely that the defendant will engage in
2-7 future criminal conduct.
2-8 SECTION 2. Subsection (a), Section 2, Article 37.071, Code
2-9 of Criminal Procedure, is amended to read as follows:
2-10 (a)(1) If a defendant is tried for a capital offense in
2-11 which the state seeks the death penalty, on a finding that the
2-12 defendant is guilty of a capital offense, the court shall conduct a
2-13 separate sentencing proceeding to determine whether the defendant
2-14 shall be sentenced to death or life imprisonment. The proceeding
2-15 shall be conducted in the trial court and, except as provided by
2-16 Article 44.29(c) of this code, before the trial jury as soon as
2-17 practicable. In the proceeding, evidence may be presented by the
2-18 state and the defendant or the defendant's counsel as to any matter
2-19 that the court deems relevant to sentence, including evidence of
2-20 the defendant's background or character or the circumstances of the
2-21 offense that mitigates against the imposition of the death penalty.
2-22 This subdivision [subsection] shall not be construed to authorize
2-23 the introduction of any evidence secured in violation of the
2-24 Constitution of the United States or of the State of Texas. The
2-25 state and the defendant or the defendant's counsel shall be
2-26 permitted to present argument for or against sentence of death.
3-1 The court, the attorney representing the state, the defendant, or
3-2 the defendant's counsel may not inform a juror or a prospective
3-3 juror of the effect of a failure of a jury to agree on issues
3-4 submitted under Subsection (c) or (e) of this article.
3-5 (2) Notwithstanding Subdivision (1), evidence may not
3-6 be offered by the state to establish that the race or ethnicity of
3-7 the defendant makes it likely that the defendant will engage in
3-8 future criminal conduct.
3-9 SECTION 3. Subsection (a), Section 3, Article 37.0711, Code
3-10 of Criminal Procedure, is amended to read as follows:
3-11 (a)(1) If a defendant is tried for a capital offense in
3-12 which the state seeks the death penalty, on a finding that the
3-13 defendant is guilty of a capital offense, the court shall conduct a
3-14 separate sentencing proceeding to determine whether the defendant
3-15 shall be sentenced to death or life imprisonment. The proceeding
3-16 shall be conducted in the trial court and, except as provided by
3-17 Article 44.29(c) of this code, before the trial jury as soon as
3-18 practicable. In the proceeding, evidence may be presented as to
3-19 any matter that the court deems relevant to sentence. This
3-20 subdivision [subsection] shall not be construed to authorize the
3-21 introduction of any evidence secured in violation of the
3-22 Constitution of the United States or of this state. The state and
3-23 the defendant or the defendant's counsel shall be permitted to
3-24 present argument for or against sentence of death.
3-25 (2) Notwithstanding Subdivision (1), evidence may not
3-26 be offered by the state to establish that the race or ethnicity of
4-1 the defendant makes it likely that the defendant will engage in
4-2 future criminal conduct.
4-3 SECTION 4. The change in law made by this Act applies to any
4-4 sentencing proceeding commencing on or after the effective date of
4-5 this Act, regardless of when the offense for which the defendant
4-6 was convicted occurred.
4-7 SECTION 5. This Act takes effect September 1, 2001.