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A BILL TO BE ENTITLED
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AN ACT
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relating to the scheduling of an execution date and the issuance of |
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a warrant of execution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 43.141, Code of Criminal Procedure, is |
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amended by adding Subsection (b-1) to read as follows: |
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(b-1) A convicting court may not set an execution date |
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unless: |
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(1) the attorney representing the state files a |
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written motion to set an execution date; and |
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(2) not later than the 10th day before the date on |
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which the court enters an order setting the execution date, a copy |
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of the motion is served on: |
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(A) the attorney who represented the condemned |
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person in the most recently concluded stage of a state or federal |
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postconviction proceeding; and |
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(B) the office of capital writs established under |
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Subchapter B, Chapter 78, Government Code. |
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SECTION 2. 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, not later than the 10th day [within ten
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days] after the court enters its order setting the date for |
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execution, issue a warrant under the seal of the court for the |
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execution of the sentence of death, which shall recite the fact of |
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conviction, setting forth specifically the offense, the judgment of |
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the court, and the time fixed for the [his] execution, and which |
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shall be directed to the director of the correctional institutions |
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division of the Texas Department of Criminal Justice [Director of
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the Department of Corrections] at Huntsville, Texas, commanding the |
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director [him] to proceed, at the time and place named in the order |
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of execution, to carry the same into execution, as provided in [the
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preceding] Article 43.14, and shall deliver such warrant to the |
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sheriff of the county in which such judgment of conviction was had, |
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to be [by him] delivered by the sheriff to the director [said
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Director of the Department of Corrections], together with the |
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condemned person if the person [he] has not previously been so |
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delivered. |
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(b) At the time the warrant is issued under Subsection (a), |
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the clerk of the court shall send a copy of the warrant to: |
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(1) the attorney who represented the condemned person |
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in the most recently concluded stage of a state or federal |
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postconviction proceeding; |
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(2) the attorney representing the state; and |
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(3) the office of capital writs established under |
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Subchapter B, Chapter 78, Government Code. |
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SECTION 3. (a) Article 43.141, Code of Criminal Procedure, |
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as amended by this Act, applies only to an order entered on or after |
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the effective date of this Act. An order entered before the |
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effective date of this Act is governed by the law in effect on the |
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date the order was entered, and the former law is continued in |
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effect for that purpose. |
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(b) Article 43.15, Code of Criminal Procedure, as amended by |
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this Act, applies only to a warrant issued on or after the effective |
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date of this Act. A warrant issued before the effective date of this |
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Act is governed by the law in effect on the date the warrant was |
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issued, and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2015. |