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SECTION 1. Article 43.141,
Code of Criminal Procedure, is amended by adding Subsections (b-1), (b-2),
and (b-3) to read as follows:
(b-1) The attorney representing the state must ensure
that a copy of the state's motion to set an execution date is served
on the condemned person's attorney.
(b-2) If the convicting court intends to set an execution date
under this article on its own motion, the clerk of the convicting court
must provide written notice of that intent to:
(1) the condemned person's attorney and the attorney representing
the state; and
(2) if the person is not a citizen of the United States, the
nearest consular official of the country of which the person is a citizen.
(b-3) A copy served or
notice provided under Subsection (b-1) or (b-2) must be:
(1) personally delivered not later than the
10th day before the day on which the court enters an order setting the
execution date; or
(2) sent by first class mail and deposited in the mail not later
than the 16th day before the day on which the court enters an order setting
the execution date.
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SECTION 1. Article 43.141,
Code of Criminal Procedure, is amended by adding Subsection (b-1) to read
as follows:
(b-1) A convicting court may not set an execution date
unless:
(1) the attorney representing the state files a written motion to
set an execution date; and
(2) not later than the
10th day before the date on which the court enters an order setting the
execution date, a copy of the motion is served on:
(A) the attorney who
represented the condemned person in the
most recently concluded stage of a state or federal postconviction
proceeding; and
(B) the office of capital writs established under Subchapter B,
Chapter 78, Government Code.
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SECTION 2. Article 43.15,
Code of Criminal Procedure, is amended to read as follows:
Art. 43.15. WARRANT OF
EXECUTION. (a) Whenever any person is sentenced to death, the clerk
of the court in which the sentence is pronounced[,] shall, not
later than the 10th day [within ten days] after the court enters
its order setting the date for execution, issue a warrant under the seal of
the court for the execution of the sentence of death, which shall recite
the fact of conviction, setting forth specifically the offense, the
judgment of the court, and the time fixed for the [his]
execution, and which shall be directed to the director of the
correctional institutions division of the Texas Department of Criminal
Justice [Director of the Department of Corrections] at
Huntsville, Texas, commanding the director [him] to proceed,
at the time and place named in the order of execution, to carry the same
into execution, as provided in [the preceding] Article 43.14,
and shall deliver such warrant to the sheriff of the county in which such
judgment of conviction was had, to be [by him] delivered by the
sheriff to the director [said Director of the Department of
Corrections], together with the condemned person if the person [he]
has not previously been so delivered.
(b) At the time the
warrant is issued under Subsection (a), the clerk of the court shall send a
copy of the warrant to:
(1) the condemned person's
attorney and the attorney representing the state; and
(2) if the person is not a citizen of the United States, the
nearest consular official of the country of which the person is a citizen.
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SECTION 2. Article 43.15,
Code of Criminal Procedure, is amended to read as follows:
Art. 43.15. WARRANT OF
EXECUTION. (a) Whenever any person is sentenced to death, the clerk
of the court in which the sentence is pronounced[,] shall, not
later than the 10th day [within ten days] after the court enters
its order setting the date for execution, issue a warrant under the seal of
the court for the execution of the sentence of death, which shall recite
the fact of conviction, setting forth specifically the offense, the
judgment of the court, and the time fixed for the [his]
execution, and which shall be directed to the director of the
correctional institutions division of the Texas Department of Criminal
Justice [Director of the Department of Corrections] at
Huntsville, Texas, commanding the director [him] to proceed,
at the time and place named in the order of execution, to carry the same
into execution, as provided in [the preceding] Article 43.14,
and shall deliver such warrant to the sheriff of the county in which such
judgment of conviction was had, to be [by him] delivered by the
sheriff to the director [said Director of the Department of
Corrections], together with the condemned person if the person [he]
has not previously been so delivered.
(b) At the time the
warrant is issued under Subsection (a), the clerk of the court shall send a
copy of the warrant to:
(1) the attorney who
represented the condemned person in the
most recently concluded stage of a state or federal postconviction
proceeding;
(2) the attorney
representing the state; and
(3) the office of capital writs established under Subchapter B,
Chapter 78, Government Code.
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SECTION 3. (a) Article
43.141, Code of Criminal Procedure, as amended by this Act, applies only to
an order entered on or after the effective date of this Act. An order
entered before the effective date of this Act is governed by the law in
effect on the date the order was entered, and the former law is continued
in effect for that purpose.
(b) Article 43.15, Code of
Criminal Procedure, as amended by this Act, applies only to a warrant
issued on or after the effective date of this Act. A warrant issued before
the effective date of this Act is governed by the law in effect on the date
the warrant was issued, and the former law is continued in effect for that
purpose.
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SECTION 3. Same as introduced
version.
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