By: Hodge, Dutton H.B. No. 2267
COMMITTEE SUBSTITUTE FOR H.B. No. 2267By: Whitmire By: Whitmire
(In the Senate - Received from the House May 18, 2009;
May 19, 2009, read first time and referred to Committee on Criminal
Justice; May 23, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
May 23, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the joint or separate prosecution in capital felony
cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 36.09, Code of Criminal Procedure, is
amended to read as follows:
Art. 36.09. SEVERANCE ON SEPARATE INDICTMENTS. (a) Two or
more defendants who are jointly or separately indicted or
complained against for the same offense or any offense growing out
of the same transaction may be, in the discretion of the court,
tried jointly or separately as to one or more defendants; provided
that in any event either defendant may testify for the other or on
behalf of the state; and provided further, that in cases in which,
upon timely motion to sever, and evidence introduced thereon, it is
made known to the court that there is a previous admissible
conviction against one defendant or that a joint trial would be
prejudicial to any defendant, the court shall order a severance as
to the defendant whose joint trial would prejudice the other
defendant or defendants.
(b) Notwithstanding Subsection (a), the court may not join
two or more defendants in the same criminal trial if any defendant
to be tried is indicted or complained against for a capital felony
for which the state seeks the death penalty, and the court shall
order a severance as to any two or more defendants who are jointly
indicted or complained against for a capital felony if the state
seeks the death penalty for any one of those defendants.
SECTION 2. The change in law made by this Act applies only
to a trial commenced in a criminal case on or after the effective
date of this Act. A trial commenced before the effective date of
this Act is covered by the law in effect when the trial commenced,
and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.
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