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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 or ethnicity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 11.071, Code of Criminal Procedure, is |
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amended by adding Section 10A to read as follows: |
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Sec. 10A. CLAIM INVOLVING RACE OR ETHNICITY. |
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Notwithstanding any other provision of this article, a defendant |
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who is raising a habeas corpus claim involving racial or ethnic bias |
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or discrimination or other impermissible use of race or ethnicity |
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in the defendant's case may present any evidence authorized for use |
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under Article 53.02, including statistical evidence derived from |
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this state or from the county where the defendant was convicted, in |
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support of the claim. The convicting court shall hold a hearing on |
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the claim in the same manner as a hearing is held under Article |
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53.02. |
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SECTION 2. Chapter 44, Code of Criminal Procedure, is |
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amended by adding Article 44.26 to read as follows: |
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Art. 44.26. CLAIM INVOLVING RACE OR ETHNICITY IN CAPITAL |
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CASE. (a) This article applies only to an appeal in a capital case |
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in which the defendant was sentenced to death. |
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(b) Notwithstanding any other law, a defendant who has |
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raised a claim involving racial or ethnic bias or discrimination or |
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other impermissible use of race or ethnicity in the defendant's |
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case may present any evidence authorized for use under Article |
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53.02, including statistical evidence derived from this state or |
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from the county where the defendant was convicted, in support of the |
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claim. |
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SECTION 3. 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 OR ETHNIC DISCRIMINATION PROHIBITED. No |
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person shall be subject to or given a sentence of death or executed |
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under any judgment that was sought or obtained on the basis of race |
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or ethnicity. |
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Art. 53.02. PROOF OF RACIAL OR ETHNIC DISCRIMINATION; |
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PROCEDURE. (a) To be eligible to file a motion under this chapter, |
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the defendant must knowingly and voluntarily waive any objection to |
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the imposition of a sentence to life imprisonment without parole |
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based on any common law, statutory law, or provision of the federal |
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or state constitution that would otherwise require that the |
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defendant be eligible for parole. The waiver must be in writing, |
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signed by the defendant, and included in the motion seeking relief |
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under this 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 or ethnicity 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. For the purposes of this article, "the time the death |
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sentence was sought or imposed" is the period from 10 years before |
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the date of the commission of the offense to the date that is two |
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years after the 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 or |
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ethnicity as a factor in seeking or imposing a sentence of death. |
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(e) Evidence to establish a finding that race or ethnicity |
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was a significant factor in the decision to seek or impose the |
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sentence of death in the county at the time the death sentence was |
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sought or imposed may include: |
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(1) statistical evidence derived from this state or |
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from the county where 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 or ethnicity of the defendant was a |
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significant factor in the decision to seek or impose the sentence of |
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death, including: |
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(A) evidence showing that race or ethnicity was a |
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significant factor in the decision to exercise peremptory |
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challenges during jury selection; or |
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(B) evidence of discriminatory sentiments from |
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any participant in the trial, including a juror, the judge, or a |
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prosecutor. |
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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 or ethnicity was a significant factor in the |
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decision to seek 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 or |
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ethnicity was a significant factor in the decision to seek or impose |
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the sentence of death in the defendant's case in the county at the |
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time the death sentence was sought or imposed. The claim must be |
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raised by the defendant at the pretrial conference or hearing under |
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Article 28.01 or in any postconviction proceeding. If the court |
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finds that the defendant's motion fails to state a sufficient claim |
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under this article, the court shall dismiss the claim without an |
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evidentiary hearing. If the court finds that the defendant's |
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motion states a sufficient claim under this article, the court |
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shall set a hearing on the claim and may prescribe a time before the |
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hearing for each party to present a summary of the evidence the |
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party intends to introduce. |
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(i) If the court finds that race or ethnicity was a |
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significant factor in a decision to seek or impose the sentence of |
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death in the defendant's case at the time the death sentence was |
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sought or imposed, the court shall order that a death sentence not |
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be sought, or that the death sentence imposed by the judgment be |
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vacated and the defendant resentenced to life imprisonment without |
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the possibility of parole. |
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(j) Filing a motion under this article does not limit or |
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restrict the adjudication of any future constitutional claims made |
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by the defendant or limit or restrict the defendant's eligibility |
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for any other postconviction procedure authorized by this code, |
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including another action under this chapter. The provisions of |
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Article 28.01 prohibiting further adjudication of certain matters |
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not raised at a pretrial hearing do not apply to matters related to |
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a defendant's motion under this article. |
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SECTION 4. The change in law made by this Act applies to a |
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defendant alleged to have committed a capital offense regardless of |
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whether the alleged offense was committed before, on, or after the |
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effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2021. |