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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 an execution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 43.20, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 43.20. PRESENT AT EXECUTION. The following persons |
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may be present at the execution: the executioner, and such persons |
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as may be necessary to assist him in conducting the execution; the |
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Texas Board of Criminal Justice [Directors of the Department of |
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Corrections], two physicians, including the prison physician, the |
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spiritual leader [advisor] of the condemned subject to Article |
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43.205, the chaplains of the Texas Department of Criminal Justice |
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[Corrections], the county judge and sheriff of the county in which |
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the Texas Department of Criminal Justice [Corrections] is situated, |
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and any of the relatives or friends of the condemned person that he |
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may request, not exceeding five in number, shall be admitted. No |
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convict shall be permitted by the prison authorities to witness the |
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execution. |
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SECTION 2. 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 the 30th day after the date the convicting court |
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enters an order setting the execution date under Article |
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43.141(b-1), the condemned person may choose a spiritual leader to |
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be present during the person's execution. The condemned person |
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shall promptly notify the Texas Department of Criminal Justice of |
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the spiritual leader chosen by the person. |
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(b) Unless the spiritual leader is determined to be a |
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security risk in accordance with the rules adopted under Section |
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492.018, Government Code, the Texas Department of Criminal Justice |
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shall ensure that the spiritual leader chosen by the condemned |
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person is: |
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(1) present in the room during the execution; |
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(2) in close proximity to the condemned person; and |
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(3) not separated from the condemned person by a wall, |
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window, or any other barrier. |
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(c) If the spiritual leader chosen by the condemned person |
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is determined to be a security risk, the Texas Department of |
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Criminal Justice shall make a good faith effort to ensure the |
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presence of one of the following who is of the same faith or |
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denomination as the spiritual leader chosen by the condemned |
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person: |
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(1) a chaplain employed by the Texas Department of |
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Criminal Justice; or |
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(2) a spiritual leader chosen by the Texas Board of |
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Criminal Justice. |
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SECTION 3. Chapter 492, Government Code, is amended by |
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adding Section 492.018 to read as follows: |
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Sec. 492.018. POLICY ON PRESENCE OF SPIRITUAL LEADER DURING |
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EXECUTION. (a) The board by rule shall establish a policy regarding |
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the presence of a spiritual leader at an execution for purposes of |
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Article 43.205, Code of Criminal Procedure. The policy must |
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establish: |
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(1) appropriate criteria for the department to |
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determine whether the spiritual leader chosen by a condemned person |
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presents a security risk to the orderly carrying out of the |
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execution; and |
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(2) a process for the condemned person to appeal to the |
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board a determination by the department that the spiritual leader |
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presents a security risk. |
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(b) The decision of the board on appeal is final and not |
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subject to judicial review. |
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SECTION 4. Not later than December 1, 2021, the Texas Board |
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of Criminal Justice shall adopt the rules required by Section |
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492.018, Government Code, as added by this Act. |
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SECTION 5. This Act takes effect September 1, 2021. |