| 1 | 1 | | 85R6427 MAW-D |
|---|
| 2 | 2 | | By: Miles S.B. No. 1867 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the joint or separate prosecution of a capital felony |
|---|
| 8 | 8 | | charged against two or more defendants. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Article 36.09, Code of Criminal Procedure, is |
|---|
| 11 | 11 | | amended to read as follows: |
|---|
| 12 | 12 | | Art. 36.09. SEVERANCE ON SEPARATE INDICTMENTS. (a) Two or |
|---|
| 13 | 13 | | more defendants who are jointly or separately indicted or |
|---|
| 14 | 14 | | complained against for the same offense or any offense growing out |
|---|
| 15 | 15 | | of the same transaction may be, in the discretion of the court, |
|---|
| 16 | 16 | | tried jointly or separately as to one or more defendants; provided |
|---|
| 17 | 17 | | that in any event either defendant may testify for the other or on |
|---|
| 18 | 18 | | behalf of the state; and provided further, that in cases in which, |
|---|
| 19 | 19 | | upon timely motion to sever, and evidence introduced thereon, it is |
|---|
| 20 | 20 | | made known to the court that there is a previous admissible |
|---|
| 21 | 21 | | conviction against one defendant or that a joint trial would be |
|---|
| 22 | 22 | | prejudicial to any defendant, the court shall order a severance as |
|---|
| 23 | 23 | | to the defendant whose joint trial would prejudice the other |
|---|
| 24 | 24 | | defendant or defendants. |
|---|
| 25 | 25 | | (b) Notwithstanding Subsection (a), the court may not join |
|---|
| 26 | 26 | | two or more defendants in the same criminal trial if any defendant |
|---|
| 27 | 27 | | to be tried is indicted or complained against for a capital felony |
|---|
| 28 | 28 | | for which the state seeks the death penalty, and the court shall |
|---|
| 29 | 29 | | order a severance as to any two or more defendants who are jointly |
|---|
| 30 | 30 | | indicted or complained against for a capital felony if the state |
|---|
| 31 | 31 | | seeks the death penalty for any one of those defendants. |
|---|
| 32 | 32 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 33 | 33 | | to a trial commenced in a criminal case on or after the effective |
|---|
| 34 | 34 | | date of this Act. A trial commenced before the effective date of |
|---|
| 35 | 35 | | this Act is governed by the law in effect when the trial commenced, |
|---|
| 36 | 36 | | and the former law is continued in effect for that purpose. |
|---|
| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2017. |
|---|