BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1507

                                                                                                                                       By: Hinojosa

                                                                                                                                   Criminal Justice

                                                                                                                                            5/31/2005

                                                                                                                                              Enrolled

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

In the punishment phase of a capital case, the state often offers evidence of the defendant's bad acts, or "extraneous conduct."  Normally, the state gives the defendant a notice of the "extraneous conduct" that will be presented into court as evidence.

 

S.B. 1507 formalizes the notice that is given to a defendant by providing that the introduction of evidence of extraneous conduct is governed by specific notice requirements in Article 37.07, Code of Criminal Procedure.

 

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 2(a)(1), Article 37.071, Code of Criminal Procedure, to provide that the introduction of evidence of extraneous conduct is governed by the notice requirements of Section 3(g), Article 37.07.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date: September 1, 2005.