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