Texas 2015 - 84th Regular

Texas House Bill HB2110 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R23265 MAW-F
2	2	By: Thompson of Harris, Herrero H.B. No. 2110
3	3	Substitute the following for H.B. No. 2110:
4	4	By: Herrero C.S.H.B. No. 2110
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the scheduling of an execution date and the issuance of
10	10	a warrant of execution.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 43.141, Code of Criminal Procedure, is
13	13	amended by adding Subsection (b-1) to read as follows:
14	14	(b-1) A convicting court may not set an execution date
15	15	unless:
16	16	(1) the attorney representing the state files a
17	17	written motion to set an execution date; and
18	18	(2) not later than the 10th day before the date on
19	19	which the court enters an order setting the execution date, a copy
20	20	of the motion is served on:
21	21	(A) the attorney who represented the condemned
22	22	person in the most recently concluded stage of a state or federal
23	23	postconviction proceeding; and
24	24	(B) the office of capital writs established under
25	25	Subchapter B, Chapter 78, Government Code.
26	26	SECTION 2. Article 43.15, Code of Criminal Procedure, is
27	27	amended to read as follows:
28	28	Art. 43.15. WARRANT OF EXECUTION. (a) Whenever any person
29	29	is sentenced to death, the clerk of the court in which the sentence
30	30	is pronounced[,] shall, not later than the 10th day [within ten
31	31	days] after the court enters its order setting the date for
32	32	execution, issue a warrant under the seal of the court for the
33	33	execution of the sentence of death, which shall recite the fact of
34	34	conviction, setting forth specifically the offense, the judgment of
35	35	the court, and the time fixed for the [his] execution, and which
36	36	shall be directed to the director of the correctional institutions
37	37	division of the Texas Department of Criminal Justice [Director of
38	38	the Department of Corrections] at Huntsville, Texas, commanding the
39	39	director [him] to proceed, at the time and place named in the order
40	40	of execution, to carry the same into execution, as provided in [the
41	41	preceding] Article 43.14, and shall deliver such warrant to the
42	42	sheriff of the county in which such judgment of conviction was had,
43	43	to be [by him] delivered by the sheriff to the director [said
44	44	Director of the Department of Corrections], together with the
45	45	condemned person if the person [he] has not previously been so
46	46	delivered.
47	47	(b) At the time the warrant is issued under Subsection (a),
48	48	the clerk of the court shall send a copy of the warrant to:
49	49	(1) the attorney who represented the condemned person
50	50	in the most recently concluded stage of a state or federal
51	51	postconviction proceeding;
52	52	(2) the attorney representing the state; and
53	53	(3) the office of capital writs established under
54	54	Subchapter B, Chapter 78, Government Code.
55	55	SECTION 3. (a) Article 43.141, Code of Criminal Procedure,
56	56	as amended by this Act, applies only to an order entered on or after
57	57	the effective date of this Act. An order entered before the
58	58	effective date of this Act is governed by the law in effect on the
59	59	date the order was entered, and the former law is continued in
60	60	effect for that purpose.
61	61	(b) Article 43.15, Code of Criminal Procedure, as amended by
62	62	this Act, applies only to a warrant issued on or after the effective
63	63	date of this Act. A warrant issued before the effective date of this
64	64	Act is governed by the law in effect on the date the warrant was
65	65	issued, and the former law is continued in effect for that purpose.
66	66	SECTION 4. This Act takes effect September 1, 2015.