Texas 2009 - 81st Regular

Texas Senate Bill SB1173

Filed
 
Out of Senate Committee
4/20/09  
Voted on by Senate
4/24/09  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to certain procedures for delivery of a warrant of execution and modifications or withdrawals of a warrant of execution.

Impact

The legislation aims to enhance the clarity and efficiency of the execution process within the criminal justice system. By mandating that warrants be delivered in a timely manner and that all relevant parties are duly notified, SB1173 seeks to uphold the rights of the condemned while also streamlining execution procedures. This could potentially mitigate legal challenges that arise from improper notification practices, which can delay executions or lead to further judicial scrutiny.

Summary

SB1173 proposes new procedures for the delivery and modifications of a warrant of execution in Texas. Specifically, the bill amends Article 43.15 of the Code of Criminal Procedure, detailing the responsibilities of court clerks, sheriffs, and legal representatives in the process surrounding the issuance and potential adjustments to warrants for execution. The bill emphasizes ensuring that specific parties are properly notified when a warrant is issued or modified, which includes the condemned person's attorney, the district attorney, and the attorney general.

Contention

While SB1173 seems straightforward in its intent to refine procedural aspects of capital punishment, it could also stir debate regarding the ethics of capital punishment itself. Some advocates for criminal justice reform may argue that any modifications to execution processes merely serve to uphold a flawed system rather than addressing the broader issues concerning the death penalty. Additionally, questions may arise about the adequacy of notification and the level of representation afforded to condemned individuals, especially amid rising calls for reforms in how capital cases are handled.

Companion Bills

No companion bills found.

Previously Filed As

TX HB4504

Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.

TX HB779

Relating to the issuance of certain search warrants by statutory county court judges.

TX HB828

Relating to the age of criminal responsibility and to certain substantive and procedural matters related to that age.

TX HB2338

Relating to the amount of the reimbursement fee paid by a defendant for a peace officer's services in executing or processing an arrest warrant, capias, or capias pro fine.

TX SB157

Relating to the amount of the reimbursement fee paid by a defendant for a peace officer's services in executing or processing an arrest warrant, capias, or capias pro fine.

TX HB168

Relating to the confidentiality of certain information regarding procedures and substances used in the execution of a convict.

TX HB3474

Relating to the operation and administration of and practices and procedures regarding proceedings in the judicial branch of state government, including the service of process and delivery of documents related to the proceedings, the administration of oaths, and the management of the Texas Indigent Defense Commission, and the composition of certain juvenile boards; establishing a civil penalty; increasing certain court costs; authorizing fees.

TX HB504

Relating to the issuance of a warrant authorizing the use of a no-knock entry by a peace officer.

TX SB140

Relating to the issuance of a warrant authorizing the use of a no-knock entry by a peace officer.

TX HB4642

Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.

Similar Bills

No similar bills found.