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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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The defendant has the burden of proving by a preponderance of the |
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evidence that race was a significant factor in the decision to seek |
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or impose the sentence of death in the county at the time the death |
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sentence was sought or imposed. |
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(b) 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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(c) 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, including evidence that death |
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sentences were sought or imposed more frequently as punishment for |
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capital offenses against persons of one race than as punishment for |
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capital offenses against persons of another race; 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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(d) The evidence under Subsection (c)(2) may include sworn |
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testimony of an attorney, prosecutor, law enforcement officer, |
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judicial officer, 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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(e) 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 county at the time the death sentence was sought or |
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imposed. The claim must be raised by the defendant at the pretrial |
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conference or hearing under Article 28.01 and may be raised by the |
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defendant in any postconviction proceeding. The court shall set a |
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hearing on the claim and may prescribe a time before the hearing for |
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each party to present a summary of the evidence the party intends to |
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introduce. |
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(f) 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 at the time the |
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death sentence was sought or imposed, the court shall order that a |
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death sentence not be sought, or that the death sentence imposed by |
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the judgment be vacated and the defendant resentenced to life |
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imprisonment without the possibility of parole. |
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(g) 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. (a) Chapter 53, Code of Criminal Procedure, as |
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added by this Act, applies to a defendant alleged to have committed |
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a 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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(b) Notwithstanding Article 53.02(e), Code of Criminal |
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Procedure, as added by this Act, prescribing the proceedings at |
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which a claim under Article 53.02 may be raised, a person sentenced |
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to death before the effective date of this Act who is not otherwise |
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eligible to file a motion under this chapter in a postconviction |
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proceeding may file a separate motion under Article 53.02, Code of |
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Criminal Procedure, as added by this Act, but not after the first |
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anniversary of the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2013. |