SRC-TAG S.J.R. 12 78(R)   BILL ANALYSIS


Senate Research Center   S.J.R. 12
78R1909 EMT-DBy: Shapleigh
Criminal Justice
2/28/2003
As Filed


DIGEST AND PURPOSE 

Currently, there are concerns about the implementation of capital
punishment in Texas.  The concerns include questions on the adequacy of
legal representation of indigent defendants, the use of emerging
technologies such as DNA testing, and the sufficiency of appellate review
of capital cases.  As proposed, S.J.R. 12 requires the submission to the
voters of a proposed amendment to the Texas Constitution authorizing the
governor to issue an order prohibiting the Texas Department of Criminal
Justice from performing executions while the order is in effect. 

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 11, Article IV, Texas Constitution, by adding
Subsection (c), to authorize the governor to issue an order prohibiting
the Texas Department of Criminal Justice from performing executions on and
after the effective date of the order and until the order is revoked
either by the governor issuing the order or by a successor to the governor
issuing the order.  

SECTION 2.  Requires this proposed amendment to be submitted to the voters
at an election to be held on November 4, 2003.  Requires the ballot to be
printed to permit voting for or against the proposition: "The
constitutional amendment authorizing a moratorium on the execution of
persons convicted of capital offenses."