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A BILL TO BE ENTITLED
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AN ACT
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relating to certain procedures for delivery of a warrant of |
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execution and modifications or withdrawals of a warrant of |
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execution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 43.15, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 43.15. WARRANT OF EXECUTION. (a) Whenever any person |
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is sentenced to death, the clerk of the court in which the sentence |
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is pronounced[,] shall, within ten days after the court enters its |
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order setting the date for execution, issue a warrant under the seal |
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of the court for the execution of the sentence of death, which shall |
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recite the fact of conviction, setting forth specifically the |
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offense, the judgment of the court, and the time fixed for the [his] |
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execution, and commanding [directed to] the director [Director] of |
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the correctional institutions division of the Texas Department of |
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Criminal Justice [Corrections at Huntsville, Texas, commanding
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him] to proceed, at the time and place named in the order of |
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execution, to carry the sentence [same] into execution, as provided |
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in [the preceding] Article 43.14. |
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(b) The clerk of the court[, and] shall deliver the [such] |
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warrant of execution to the sheriff of the county in which the |
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[such] judgment of conviction was entered, who shall deliver the |
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warrant [had, to be by him delivered] to the director [said
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Director] of the correctional institutions division of the Texas |
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Department of Criminal Justice [Corrections], together with the |
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condemned person if the condemned person [he] has not previously |
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received the warrant [been so delivered]. |
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(c) The clerk of the court shall send a copy of the warrant |
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of execution by certified mail, return receipt requested, to: |
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(1) the attorney of record for the condemned person, |
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if any; |
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(2) the district attorney, criminal district |
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attorney, or county attorney having felony jurisdiction for the |
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county in which the judgment of conviction was entered; and |
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(3) the attorney general. |
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(d) If the warrant of execution is modified or withdrawn, |
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the clerk of the court shall send a copy of the order modifying or |
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withdrawing the warrant of execution by certified mail, return |
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receipt requested, to: |
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(1) the Texas Department of Criminal Justice for |
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delivery to the condemned person; and |
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(2) the same parties to whom a copy of the warrant was |
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sent under Subsection (c). |
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(e) The failure by a court to comply with Subsection (c) or |
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(d) does not invalidate a warrant of execution issued under |
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Subsection (a). |
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SECTION 2. The change in law made by this Act applies only |
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to a warrant issued on or after the effective date of this Act. A |
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warrant issued before the effective date of this Act is covered by |
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the law in effect when the warrant was issued, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |