Texas Senate Bill SB1173

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/20/09
• Voted on by Senate: 4/24/09
• Out of House Committee: 5/8/09

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.