1-1 By: West S.B. No. 133
1-2 (In the Senate - Filed November 27, 2000; January 11, 2001,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 February 27, 2001, reported favorably, as amended, by the following
1-5 vote: Yeas 7, Nays 0; February 27, 2001, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Staples
1-7 Amend S.B. No. 133 (Introduced Version) in each place where
1-8 it appears (Page 1, lines 47-50; Page 2, lines 11-14; and Page 2,
1-9 lines 31-34), by striking "(2) Notwithstanding Subdivision (1),
1-10 evidence may not be offered by the state or the defendant to
1-11 establish that the race or ethnicity of the defendant makes it
1-12 either likely or unlikely that the defendant will engage in future
1-13 criminal conduct." and substituting "(2) Notwithstanding
1-14 Subdivision (1), evidence may not be offered by the state to
1-15 establish that the race or ethnicity of the defendant makes it
1-16 likely that the defendant will engage in future criminal conduct."
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the admissibility in a criminal trial of race or
1-20 ethnicity as a predictor of future criminal behavior.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Subsection (a), Section 3, Article 37.07, Code of
1-23 Criminal Procedure, is amended to read as follows:
1-24 (a)(1) Regardless of the plea and whether the punishment be
1-25 assessed by the judge or the jury, evidence may be offered by the
1-26 state and the defendant as to any matter the court deems relevant
1-27 to sentencing, including but not limited to the prior criminal
1-28 record of the defendant, his general reputation, his character, an
1-29 opinion regarding his character, the circumstances of the offense
1-30 for which he is being tried, and, notwithstanding Rules 404 and
1-31 405, Texas Rules of [Criminal] Evidence, any other evidence of an
1-32 extraneous crime or bad act that is shown beyond a reasonable doubt
1-33 by evidence to have been committed by the defendant or for which he
1-34 could be held criminally responsible, regardless of whether he has
1-35 previously been charged with or finally convicted of the crime or
1-36 act. A court may consider as a factor in mitigating punishment the
1-37 conduct of a defendant while participating in a program under
1-38 Chapter 17 as a condition of release on bail. Additionally,
1-39 notwithstanding Rule 609(d), Texas Rules of [Criminal] Evidence,
1-40 and subject to Subsection (h), evidence may be offered by the state
1-41 and the defendant of an adjudication of delinquency based on a
1-42 violation by the defendant of a penal law of the grade of:
1-43 (A) [(1)] a felony; or
1-44 (B) [(2)] a misdemeanor punishable by
1-45 confinement in jail.
1-46 (2) Notwithstanding Subdivision (1), evidence may not
1-47 be offered by the state or the defendant to establish that the race
1-48 or ethnicity of the defendant makes it either likely or unlikely
1-49 that the defendant will engage in future criminal conduct.
1-50 SECTION 2. Subsection (a), Section 2, Article 37.071, Code
1-51 of Criminal Procedure, is amended to read as follows:
1-52 (a)(1) If a defendant is tried for a capital offense in
1-53 which the state seeks the death penalty, on a finding that the
1-54 defendant is guilty of a capital offense, the court shall conduct a
1-55 separate sentencing proceeding to determine whether the defendant
1-56 shall be sentenced to death or life imprisonment. The proceeding
1-57 shall be conducted in the trial court and, except as provided by
1-58 Article 44.29(c) of this code, before the trial jury as soon as
1-59 practicable. In the proceeding, evidence may be presented by the
1-60 state and the defendant or the defendant's counsel as to any matter
1-61 that the court deems relevant to sentence, including evidence of
1-62 the defendant's background or character or the circumstances of the
1-63 offense that mitigates against the imposition of the death penalty.
2-1 This subdivision [subsection] shall not be construed to authorize
2-2 the introduction of any evidence secured in violation of the
2-3 Constitution of the United States or of the State of Texas. The
2-4 state and the defendant or the defendant's counsel shall be
2-5 permitted to present argument for or against sentence of death.
2-6 The court, the attorney representing the state, the defendant, or
2-7 the defendant's counsel may not inform a juror or a prospective
2-8 juror of the effect of a failure of a jury to agree on issues
2-9 submitted under Subsection (c) or (e) of this article.
2-10 (2) Notwithstanding Subdivision (1), evidence may not
2-11 be offered by the state or the defendant to establish that the race
2-12 or ethnicity of the defendant makes it either likely or unlikely
2-13 that the defendant will engage in future criminal conduct.
2-14 SECTION 3. Subsection (a), Section 3, Article 37.0711, Code
2-15 of Criminal Procedure, is amended to read as follows:
2-16 (a)(1) If a defendant is tried for a capital offense in
2-17 which the state seeks the death penalty, on a finding that the
2-18 defendant is guilty of a capital offense, the court shall conduct a
2-19 separate sentencing proceeding to determine whether the defendant
2-20 shall be sentenced to death or life imprisonment. The proceeding
2-21 shall be conducted in the trial court and, except as provided by
2-22 Article 44.29(c) of this code, before the trial jury as soon as
2-23 practicable. In the proceeding, evidence may be presented as to
2-24 any matter that the court deems relevant to sentence. This
2-25 subdivision [subsection] shall not be construed to authorize the
2-26 introduction of any evidence secured in violation of the
2-27 Constitution of the United States or of this state. The state and
2-28 the defendant or the defendant's counsel shall be permitted to
2-29 present argument for or against sentence of death.
2-30 (2) Notwithstanding Subdivision (1), evidence may not
2-31 be offered by the state or the defendant to establish that the race
2-32 or ethnicity of the defendant makes it either likely or unlikely
2-33 that the defendant will engage in future criminal conduct.
2-34 SECTION 4. The change in law made by this Act applies to any
2-35 sentencing proceeding commencing on or after the effective date of
2-36 this Act, regardless of when the offense for which the defendant
2-37 was convicted occurred.
2-38 SECTION 5. This Act takes effect September 1, 2001.
2-39 * * * * *