| 1 | 1 | | By: Moody H.B. No. 2386 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the confidentiality of certain information regarding |
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| 7 | 7 | | procedures and substances used in the execution of a convict. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 552.1081, Government Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | Sec. 552.1081. EXCEPTION: CONFIDENTIALITY OF CERTAIN |
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| 12 | 12 | | INFORMATION REGARDING EXECUTION OF CONVICT. (a) Information is |
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| 13 | 13 | | excepted from the requirements of Section 552.021 if it contains |
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| 14 | 14 | | identifying information under Article 43.14, Code of Criminal |
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| 15 | 15 | | Procedure, including that of[: |
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| 16 | 16 | | (1)] any person who participates in an execution |
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| 17 | 17 | | procedure, including a person who uses[, supplies,] or administers |
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| 18 | 18 | | a substance during the execution.[; and |
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| 19 | 19 | | (2) any person or] |
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| 20 | 20 | | (b) This section does not except from the requirements of |
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| 21 | 21 | | Section 552.021 information identifying any entity that |
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| 22 | 22 | | manufactures, transports, tests, procures, compounds, prescribes, |
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| 23 | 23 | | dispenses, or provides a substance or supplies used in an |
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| 24 | 24 | | execution. |
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| 25 | 25 | | SECTION 2. Article 43.14, Code of Criminal Procedure, is |
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| 26 | 26 | | amended to read as follows: |
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| 27 | 27 | | Art. 43.14. EXECUTION OF CONVICT: CONFIDENTIAL |
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| 28 | 28 | | INFORMATION. (a) Whenever the sentence of death is pronounced |
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| 29 | 29 | | against a convict, the sentence shall be executed at any time after |
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| 30 | 30 | | the hour of 6 p.m. on the day set for the execution, by intravenous |
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| 31 | 31 | | injection of a substance or substances in a lethal quantity |
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| 32 | 32 | | sufficient to cause death and until such convict is dead, such |
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| 33 | 33 | | execution procedure to be determined and supervised by the director |
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| 34 | 34 | | of the correctional institutions division of the Texas Department |
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| 35 | 35 | | of Criminal Justice. |
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| 36 | 36 | | (b) The name, address, and other identifying information of |
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| 37 | 37 | | any person who participates in an execution procedure described by |
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| 38 | 38 | | Subsection (a), including a person who uses or administers a |
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| 39 | 39 | | substance during the execution, [the following] is confidential and |
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| 40 | 40 | | excepted from disclosure under Section 552.021, Government Code.[: |
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| 41 | 41 | | (1) any person who participates in an execution |
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| 42 | 42 | | procedure described by Subsection (a), including a person who uses, |
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| 43 | 43 | | supplies, or administers a substance during the execution; and |
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| 44 | 44 | | (2) any person or] |
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| 45 | 45 | | (c) The name, address, and other identifying information of |
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| 46 | 46 | | any entity that manufactures, transports, tests, procures, |
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| 47 | 47 | | compounds, prescribes, dispenses, or provides a substance or |
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| 48 | 48 | | supplies used in an execution is not confidential and not excepted |
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| 49 | 49 | | from disclosure under Section 552.021, Government Code. |
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| 50 | 50 | | SECTION 3. The change in law made by this Act applies to |
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| 51 | 51 | | information, records, and notations collected, made, assembled, or |
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| 52 | 52 | | maintained on, before, or after the effective date of this Act. |
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| 53 | 53 | | SECTION 4. This Act takes effect September 1, 2021. |
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