BILL ANALYSIS

 

 

                                                                                                                                              S.B. 705

                                                                                                                                            By: Lucio

                                                                                                                                              Judiciary

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

The Office of Court Administration (OCA) is required to gather statistical data pertaining to the amount and character of the civil and criminal business conducted by all of the state courts.  Currently, there is no statewide reporting of the contents of the jury charge or sentence issued in capital cases.

 

The bill requires OCA to annually collect and publish a report regarding the contents of the jury charge and the sentences issued in capital cases.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

SECTION 1.  Amends Subchapter E, Chapter 72, Government Code, by adding Section 72.087, as follows:

 

Sec.  72.087.  CAPITAL TRIALS.  (a)  Requires the Office of Court Administration of the Texas Judicial System (OCA) to annually collect and publish a report of information regarding cases involving the trial of a capital offense. 

 

(b)  Requires the report to include the contents of the trial court's charge to the jury and the sentence issued in each case.

 

(c)  Requires the judge or clerk of the court to submit to OCA a written record of the case containing the information required by Subsection (b), not later than the 30th day after the date the judgment of conviction or acquittal is entered in a case involving the trial of a capital offense.

 

SECTION 2.  Requires OCA, not later than September 1, 2008, to publish its first report of information regarding cases involving the trial of a capital offense, as required by Section 72.087, Government Code, as added by this Act.

 

EFFECTIVE DATE

 

September 1, 2007.