Texas 2021 - 87th Regular

Texas House Bill HB4308

Caption

Relating to prohibiting seeking or imposing the death penalty on the basis of a person's race or ethnicity.

Impact

The bill will fundamentally alter how capital cases are prosecuted in Texas by adding procedural safeguards aimed at preventing racial bias in death penalty sentencing. Under the new provisions, if a court finds compelling evidence that race or ethnicity influenced the decision to seek or impose a death sentence, the death sentence can be vacated, and the defendant could be resentenced to life imprisonment without the possibility of parole. This change is intended to promote fairness and integrity in the criminal justice system, particularly regarding capital offenses.

Summary

House Bill 4308 aims to prohibit the seeking or imposing of the death penalty based on a person's race or ethnicity. This bill amends the Texas Code of Criminal Procedure to include provisions that allow defendants to raise claims of racial or ethnic bias in capital cases. Specifically, a defendant can present evidence to the court that race or ethnicity was a significant factor in the decisions affecting their case, which includes the seeking of death sentences. This marks a significant step towards addressing potential discrimination in capital punishment cases in Texas.

Conclusion

Overall, HB 4308 signifies a progressive move towards recognizing and rectifying historical injustices in the application of the death penalty in Texas. It reflects a growing awareness of the importance of fairness in judicial processes, especially concerning race and ethnicity, in sentencing outcomes.

Contention

Despite its intention to enhance justice, HB 4308 is likely to encounter opposition from individuals or groups who argue that it may complicate the legal process or challenge the principles of the death penalty. Supporters of the death penalty might see the bill as an encroachment on judicial discretion and the autonomy of state legal frameworks, arguing that it could hinder the ability to administer justice effectively. On the other hand, advocates for racial equality and justice in the legal system are likely to support the bill as a necessary measure to combat systemic discrimination in capital punishment.

Companion Bills

TX SB2034

Same As Relating to prohibiting seeking or imposing the death penalty on the basis of a person's race or ethnicity.

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CRIM CD-VOLUNTARY INTOXICATION