81R16969 GCB-D
 
  By: Peńa H.B. No. 111
 
  Substitute the following for H.B. No. 111:
 
  By:  Moody C.S.H.B. No. 111
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the joint or separate prosecution of a capital felony
  charged against two or more defendants.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 36.09, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 36.09.  SEVERANCE ON SEPARATE INDICTMENTS.  (a) Two
  or more defendants who are jointly or separately indicted or
  complained against for the same offense or any offense growing out
  of the same transaction may be, in the discretion of the court,
  tried jointly or separately as to one or more defendants; provided
  that in any event either defendant may testify for the other or on
  behalf of the state; and provided further, that in cases in which,
  upon timely motion to sever, and evidence introduced thereon, it is
  made known to the court that there is a previous admissible
  conviction against one defendant or that a joint trial would be
  prejudicial to any defendant, the court shall order a severance as
  to the defendant whose joint trial would prejudice the other
  defendant or defendants.
         (b)  Notwithstanding Subsection (a), the court may not join
  two or more defendants in the same criminal trial if any defendant
  to be tried is indicted or complained against for a capital felony
  for which the state seeks the death penalty, and the court shall
  order a severance as to any two or more defendants who are jointly
  indicted or complained against for a capital felony if the state
  seeks the death penalty for any one of those defendants.
         SECTION 2.  The change in law made by this Act applies only
  to a trial commenced in a criminal case on or after the effective
  date of this Act. A trial commenced before the effective date of
  this Act is covered by the law in effect when the trial commenced,
  and the former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2009.