By: White H.B. No. 1355
A BILL TO BE ENTITLED
AN ACT
relating to the presence of a spiritual leader during the execution
of a person.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 43, Code of Criminal Procedure, is
amended by adding Article 43.205 to read as follows:
Art. 43.205. PRESENCE OF SPIRITUAL LEADER DURING EXECUTION.
(a) Not later than 30 days after an order setting an execution date
is sent under Article 43.141(b-1), the condemned person may choose
a spiritual leader to be present at the person's execution. The
condemned person shall inform the warden Subject to Subsection (b),
the Texas Department of Criminal Justice shall ensure that the
spiritual leader of the condemned person's choosing is:
(1) present in the room during the execution of the
person, with no wall or other barrier separating the spiritual
leader from the person; and
(2) in close proximity to the person.
(b) The board shall develop a process for determining
whether a spiritual leader chosen by the condemned person presents
a security risk to the orderly carrying out of the execution,
including:
(1) criteria for determining whether a spiritual
leader presents a security risk; and
(2) a process for a condemned person to appeal a
decision by the board under this subsection.
(c) A condemned person may appeal a decision that the
spiritual advisor of their choosing presents a security risk
through the process developed by the board under Subdivision
(b)(2). The finding of an appeal under this subsection is final.
(d) If the board determines a spiritual leader chosen by the
condemned person presents a security risk, the department shall
make a good faith effort to ensure the presence of a spiritual
leader who is, to the greatest extent practicable, of the condemned
person's faith and denomination through:
(1) providing a chaplain employed by the department;
or
(2) entering an agreement with a spiritual leader not
employed by the department and chosen by the board.
SECTION 2. This Act takes effect September 1, 2021.