Texas 2017 - 85th Regular

Texas Senate Bill SB1867

Caption

Relating to the joint or separate prosecution of a capital felony charged against two or more defendants.

Impact

The bill specifically prohibits the joining of two or more defendants in a single trial when at least one of the defendants is charged with a capital felony and the state is seeking the death penalty. This amendment seeks to protect the rights of defendants by minimizing the risk that the severity of one defendant's potential sentencing could unduly influence the jury’s perception of the others. Consequently, this can ensure that juries can consider each defendant's case independently, which may result in fairer outcomes and reduced likelihood of wrongful convictions in high-stakes trials.

Summary

SB1867 proposes amendments to the Texas Code of Criminal Procedure, specifically regarding the prosecution of capital felonies. The bill outlines conditions under which defendants charged with capital felonies may be tried jointly or separately. The core intent of the legislation is to ensure fairness in trials, particularly in cases where the death penalty is a consideration. This change is aimed at preventing potential prejudices that may arise during joint trials involving co-defendants, especially when one defendant may face more severe penalties than others.

Contention

Opposition to SB1867 may arise from concerns regarding the implications of severing trials, such as increased judicial resources and the potential for inconsistent verdicts across separate trials. Some lawmakers may argue this bill introduces additional complexity into the judicial process when dealing with capital cases. Proponents, however, contend that the integrity of the judicial process is paramount, and safeguarding against bias is worth the procedural complexities introduced by this amendment.

Companion Bills

No companion bills found.

Previously Filed As

TX HB1170

Relating to policies and standards for providing legal representation to indigent defendants in certain capital felony cases.

TX HB1728

Relating to the release on bail of certain defendants accused of committing a felony offense and the criminal consequences of committing a felony while released on bail for a prior felony; creating a criminal offense; increasing the minimum term of imprisonment for certain felonies; changing eligibility for deferred adjudication community supervision, mandatory supervision, and parole.

TX SB516

Relating to abolishing the death penalty.

TX HB1528

Relating to magistration proceedings for criminal defendants and the retention of related records, to services and representation provided to indigent criminal defendants and indigent juveniles, and to the governance and administration of the Texas Indigent Defense Commission.

TX HB1362

Relating to the punishment for a capital felony committed by an individual younger than 21 years of age.

TX HB142

Relating to abolishing the death penalty.

TX HB918

Relating to abolishing the death penalty.

TX HB381

Relating to the applicability of the death penalty to a capital offense committed by a person with an intellectual disability.

TX HB3400

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.

TX SB1318

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the notice provided by peace officers to adult victims of family violence.

Similar Bills

No similar bills found.