78R5068 KCR-D

By:  Turner                                                       H.B. No. 1740



A BILL TO BE ENTITLED

AN ACT

relating to the duties of the office of the attorney representing 
the state in capital cases.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 2, Code of Criminal Procedure, is 
amended by adding Article 2.011 to read as follows:
	Art. 2.011.  DUTIES OF OFFICE OF ATTORNEY REPRESENTING STATE 
IN CAPITAL CASES.  (a)  Each office of the attorney representing 
the state in the prosecution of felonies shall indicate in writing 
the mandatory and discretionary criteria used by that office in 
deciding whether to seek the death penalty in a capital case.  Each 
office must distinguish the criteria used in evaluating a capital 
case in which the defendant is 21 years of age or older at the time 
the offense is committed from the criteria used in evaluating a 
capital case in which the defendant is 17 years of age or older but 
younger than 21 years of age at the time the offense is committed.
	(b)  An office that deviates from the criteria recorded under 
Subsection (a) shall describe in writing the reasons for that 
deviation.
	(c)  The criteria recorded under Subsection (a) and the 
description of any deviation from the criteria recorded under 
Subsection (b) are public information and shall be posted in a 
conspicuous place in the county courthouse of each county within 
the jurisdiction of the office.
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  Each office of the attorney representing the state shall 
record and post the death penalty criteria as required by Article 
2.011, Code of Criminal Procedure, as added by this Act, not later 
than January 1, 2004, and shall record and post any deviations from 
those criteria occurring on or after that date.