Texas 2009 - 81st Regular

Texas Senate Bill SB165 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1343 GCB-D
2	2	By: Ellis S.B. No. 165
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an annual report and analysis by the Office of Court
8	8	Administration regarding cases involving the trial of a capital
9	9	offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 72.087, Government Code, is amended by
12	12	amending Subsection (b) and adding Subsections (d), (e), and (f) to
13	13	read as follows:
14	14	(b) The report must include:
15	15	(1) the charges filed against the defendant;
16	16	(2) the facts established in the case, including any
17	17	mitigating or aggravating circumstance considered;
18	18	(3) the race, ethnicity, and socioeconomic status of
19	19	each defendant and victim;
20	20	(4) the contents of the trial court's charge to the
21	21	jury;
22	22	(5) the offense or offenses for which the defendant
23	23	was convicted; [and]
24	24	(6) [(2)] the sentence issued in each case; and
25	25	(7) a summary of the most recent analysis submitted
26	26	under Subsection (f).
27	27	(d) The office shall contract with a person to complete an
28	28	ongoing analysis of the information contained in the reports as
29	29	required by Subsection (b). A person with whom the office contracts
30	30	under this subsection must:
31	31	(1) have a doctoral degree and demonstrated expertise
32	32	in:
33	33	(A) criminology;
34	34	(B) criminal justice;
35	35	(C) law; or
36	36	(D) sociology; and
37	37	(2) be employed by a general academic teaching
38	38	institution as defined by Section 61.003, Education Code.
39	39	(e) Each analysis under Subsection (d) must indicate:
40	40	(1) whether any trend or correlation exists between
41	41	charging or sentencing decisions and the race or ethnicity of the
42	42	defendant or victim;
43	43	(2) whether racial or ethnic discrimination appears to
44	44	influence charging or sentencing decisions in any geographic area
45	45	of the state;
46	46	(3) whether any other factor covered by the data
47	47	appears to interfere with the just, fair, and accurate
48	48	administration of capital punishment in this state; and
49	49	(4) what kind of legislative action is needed to
50	50	alleviate any issue identified under Subdivision (1), (2), or (3).
51	51	(f) Not later than September 1 of each year, the office
52	52	shall submit the results of the analysis for the preceding 12-month
53	53	period to the governor, the lieutenant governor, the speaker of the
54	54	house of representatives, the presiding officer of each standing
55	55	committee of the senate and house of representatives having primary
56	56	jurisdiction over matters relating to criminal justice, and the
57	57	Court of Criminal Appeals.
58	58	SECTION 2. (a) The Office of Court Administration shall
59	59	submit the first analysis for which submission is required under
60	60	Section 72.087(f), Government Code, as added by this Act, not later
61	61	than September 1, 2010.
62	62	(b) The Office of Court Administration shall include in its
63	63	annual report required under Section 72.087(a), Government Code,
64	64	the information required by Subsection (b) of that section, as
65	65	amended by this Act, beginning with the first annual report
66	66	published after September 1, 2010.
67	67	SECTION 3. This Act takes effect September 1, 2009.