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A BILL TO BE ENTITLED
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AN ACT
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relating to the presence of a spiritual leader during the execution |
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of a person. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 43, Code of Criminal Procedure, is |
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amended by adding Article 43.205 to read as follows: |
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Art. 43.205. PRESENCE OF SPIRITUAL LEADER DURING EXECUTION. |
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(a) Not later than 30 days after an order setting an execution date |
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is sent under Article 43.141(b-1), the condemned person may choose |
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a spiritual leader to be present at the person's execution. The |
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condemned person shall inform the warden Subject to Subsection (b), |
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the Texas Department of Criminal Justice shall ensure that the |
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spiritual leader of the condemned person's choosing is: |
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(1) present in the room during the execution of the |
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person, with no wall or other barrier separating the spiritual |
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leader from the person; and |
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(2) in close proximity to the person. |
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(b) The board shall develop a process for determining |
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whether a spiritual leader chosen by the condemned person presents |
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a security risk to the orderly carrying out of the execution, |
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including: |
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(1) criteria for determining whether a spiritual |
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leader presents a security risk; and |
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(2) a process for a condemned person to appeal a |
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decision by the board under this subsection. |
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(c) A condemned person may appeal a decision that the |
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spiritual advisor of their choosing presents a security risk |
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through the process developed by the board under Subdivision |
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(b)(2). The finding of an appeal under this subsection is final. |
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(d) If the board determines a spiritual leader chosen by the |
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condemned person presents a security risk, the department shall |
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make a good faith effort to ensure the presence of a spiritual |
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leader who is, to the greatest extent practicable, of the condemned |
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person's faith and denomination through: |
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(1) providing a chaplain employed by the department; |
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or |
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(2) entering an agreement with a spiritual leader not |
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employed by the department and chosen by the board. |
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SECTION 2. This Act takes effect September 1, 2021. |