By West S.B. No. 133
77R604 GWK-D
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. Section 3(a), Article 37.07, Code of Criminal
1-6 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
2-1 violation by the defendant of a penal law of the grade of:
2-2 (A) [(1)] a felony; or
2-3 (B) [(2)] a misdemeanor punishable by
2-4 confinement in jail.
2-5 (2) Notwithstanding Subdivision (1), evidence may not
2-6 be offered by the state or the defendant to establish that the race
2-7 or ethnicity of the defendant makes it either likely or unlikely
2-8 that the defendant will engage in future criminal conduct.
2-9 SECTION 2. Section 2(a), Article 37.071, Code of Criminal
2-10 Procedure, is amended to read as follows:
2-11 Sec. 2. (a)(1) If a defendant is tried for a capital offense
2-12 in which the state seeks the death penalty, on a finding that the
2-13 defendant is guilty of a capital offense, the court shall conduct a
2-14 separate sentencing proceeding to determine whether the defendant
2-15 shall be sentenced to death or life imprisonment. The proceeding
2-16 shall be conducted in the trial court and, except as provided by
2-17 Article 44.29(c) of this code, before the trial jury as soon as
2-18 practicable. In the proceeding, evidence may be presented by the
2-19 state and the defendant or the defendant's counsel as to any matter
2-20 that the court deems relevant to sentence, including evidence of
2-21 the defendant's background or character or the circumstances of the
2-22 offense that mitigates against the imposition of the death penalty.
2-23 This subdivision [subsection] shall not be construed to authorize
2-24 the introduction of any evidence secured in violation of the
2-25 Constitution of the United States or of the State of Texas. The
2-26 state and the defendant or the defendant's counsel shall be
2-27 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 or the defendant to establish that the race
3-7 or ethnicity of the defendant makes it either likely or unlikely
3-8 that the defendant will engage in future criminal conduct.
3-9 SECTION 3. Section 3(a), Article 37.0711, Code of Criminal
3-10 Procedure, is amended to read as follows:
3-11 Sec. 3. (a)(1) If a defendant is tried for a capital offense
3-12 in 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 or the defendant to establish that the race
3-27 or ethnicity of the defendant makes it either likely or unlikely
4-1 that the defendant will engage in future criminal conduct.
4-2 SECTION 4. The change in law made by this Act applies to any
4-3 sentencing proceeding commencing on or after the effective date of
4-4 this Act, regardless of when the offense for which the defendant
4-5 was convicted occurred.
4-6 SECTION 5. This Act takes effect September 1, 2001.