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A BILL TO BE ENTITLED
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AN ACT
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relating to an annual report and analysis by the Office of Court |
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Administration regarding cases involving the trial of a capital |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 72.087, Government Code, is amended by |
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amending Subsection (b) and adding Subsections (d), (e), and (f) to |
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read as follows: |
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(b) The report must include: |
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(1) the charges filed against the defendant; |
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(2) the facts established in the case, including any |
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mitigating or aggravating circumstance considered; |
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(3) the race, ethnicity, and socioeconomic status of |
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each defendant and victim; |
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(4) the contents of the trial court's charge to the |
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jury; |
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(5) the offense or offenses for which the defendant |
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was convicted; [and] |
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(6) [(2)] the sentence issued in each case; and |
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(7) a summary of the most recent analysis submitted |
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under Subsection (f). |
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(d) The office shall contract with a person to complete an |
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ongoing analysis of the information contained in the reports as |
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required by Subsection (b). A person with whom the office contracts |
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under this subsection must: |
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(1) have a doctoral degree and demonstrated expertise |
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in: |
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(A) criminology; |
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(B) criminal justice; |
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(C) law; or |
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(D) sociology; and |
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(2) be employed by a general academic teaching |
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institution as defined by Section 61.003, Education Code. |
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(e) Each analysis under Subsection (d) must indicate: |
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(1) whether any trend or correlation exists between |
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charging or sentencing decisions and the race or ethnicity of the |
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defendant or victim; |
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(2) whether racial or ethnic discrimination appears to |
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influence charging or sentencing decisions in any geographic area |
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of the state; |
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(3) whether any other factor covered by the data |
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appears to interfere with the just, fair, and accurate |
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administration of capital punishment in this state; and |
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(4) what kind of legislative action is needed to |
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alleviate any issue identified under Subdivision (1), (2), or (3). |
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(f) Not later than September 1 of each year, the office |
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shall submit the results of the analysis for the preceding 12-month |
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period to the governor, the lieutenant governor, the speaker of the |
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house of representatives, the presiding officer of each standing |
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committee of the senate and house of representatives having primary |
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jurisdiction over matters relating to criminal justice, and the |
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Court of Criminal Appeals. |
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SECTION 2. (a) The Office of Court Administration shall |
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submit the first analysis for which submission is required under |
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Section 72.087(f), Government Code, as added by this Act, not later |
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than September 1, 2010. |
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(b) The Office of Court Administration shall include in its |
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annual report required under Section 72.087(a), Government Code, |
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the information required by Subsection (b) of that section, as |
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amended by this Act, beginning with the first annual report |
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published after September 1, 2010. |
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SECTION 3. This Act takes effect September 1, 2009. |