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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting seeking or imposing the death penalty on |
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the basis of a person's race. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Code of Criminal Procedure, is amended |
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by adding Chapter 53 to read as follows: |
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CHAPTER 53. PROCEDURE IN CERTAIN DEATH PENALTY CASES |
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Art. 53.01. RACIAL DISCRIMINATION PROHIBITED. No person |
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shall be subject to or given a sentence of death or executed under |
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any judgment that was sought or obtained on the basis of race. |
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Art. 53.02. PROOF OF RACIAL DISCRIMINATION; PROCEDURE. (a) |
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To be eligible to file a motion under this chapter, the defendant |
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must knowingly and voluntarily waive any objection to the |
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imposition of a sentence to life imprisonment without parole based |
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on any common law, statutory law, or provision of the federal or |
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state constitution that would otherwise require that the defendant |
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be eligible for parole. The waiver must be in writing, signed by |
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the defendant, and included in the motion seeking relief under this |
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article. |
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(b) If the court determines that a hearing is required under |
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Subsection (h), the court shall make an oral inquiry of the |
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defendant on the record to confirm the defendant's waiver to the |
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imposition of a sentence to life imprisonment without parole. If |
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the court grants relief under this article, the judgment must |
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include the finding that the defendant waived any objection to the |
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imposition of a sentence of life imprisonment without parole. |
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(c) The defendant has the burden of proving by a |
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preponderance of the evidence that race was a significant factor in |
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the decision to seek or impose the sentence of death in the county |
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at the time the death sentence was sought or imposed. For the |
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purposes of this article, "the time the death sentence was sought or |
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imposed" is the period from 10 years before the date of the |
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commission of the offense to the date that is two years after the |
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date the death sentence is imposed. |
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(d) The state may offer evidence in rebuttal of the |
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defendant's claims or evidence, including statistical evidence. |
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The court may consider evidence of the impact on the defendant's |
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trial of any program the purpose of which is to eliminate race as a |
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factor in seeking or imposing a sentence of death. |
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(e) Evidence to establish a finding that race was a |
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significant factor in the decision to seek or impose the sentence of |
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death in the county at the time the death sentence was sought or |
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imposed may include: |
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(1) statistical evidence derived from the county where |
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the defendant was sentenced to death; or |
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(2) other evidence specific to the defendant's case |
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showing that the race of the defendant was a significant factor in |
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the decision to seek or impose the sentence of death, including |
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evidence showing that race was a significant factor in the decision |
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to exercise peremptory challenges during jury selection. |
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(f) The evidence under Subsection (e)(2) may include sworn |
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testimony of an attorney, prosecutor, law enforcement officer, |
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judicial official, juror, or other person involved in the criminal |
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justice system. Testimony by a juror under this subsection must |
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comply with Rule 606(b), Texas Rules of Evidence. |
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(g) Statistical evidence alone is not sufficient to |
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establish that race was a significant factor in the decision to seek |
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or impose the sentence of death. |
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(h) A motion filed under this article must state with |
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particularity how the evidence supports a claim that race was a |
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significant factor in the decision to seek or impose the sentence of |
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death in the defendant's case in the county at the time the death |
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sentence was sought or imposed. The claim must be raised by the |
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defendant at the pretrial conference or hearing under Article 28.01 |
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or in any postconviction proceeding. If the court finds that the |
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defendant's motion fails to state a sufficient claim under this |
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article, the court shall dismiss the claim without an evidentiary |
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hearing. If the court finds that the defendant's motion states a |
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sufficient claim under this article, the court shall set a hearing |
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on the claim and may prescribe a time before the hearing for each |
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party to present a summary of the evidence the party intends to |
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introduce. |
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(i) If the court finds that race was a significant factor in |
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a decision to seek or impose the sentence of death in the |
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defendant's case at the time the death sentence was sought or |
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imposed, the court shall order that a death sentence not be sought, |
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or that the death sentence imposed by the judgment be vacated and |
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the defendant resentenced to life imprisonment without the |
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possibility of parole. |
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(j) Filing a motion under this article does not limit or |
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restrict the defendant's eligibility for any other postconviction |
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procedure authorized by this code, including another action under |
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this chapter. The provisions of Article 28.01 prohibiting further |
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adjudication of certain matters not raised at a pretrial hearing do |
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not apply to matters related to a defendant's motion under this |
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article. |
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SECTION 2. Chapter 53, Code of Criminal Procedure, as added |
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by this Act, applies to a defendant alleged to have committed a |
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capital offense regardless of whether the alleged offense was |
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committed before, on, or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2013. |