| 1 | 1 | | 88R3893 MCF-D |
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| 2 | 2 | | By: Meza H.B. No. 792 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the presence of a spiritual leader during the execution |
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| 8 | 8 | | of a person. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 43.20, Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Art. 43.20. PRESENT AT EXECUTION. (a) The following |
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| 13 | 13 | | persons may be present at the execution: the executioner, and such |
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| 14 | 14 | | persons as may be necessary to assist the executioner [him] in |
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| 15 | 15 | | conducting the execution; the Texas Board of Criminal Justice |
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| 16 | 16 | | [Directors of the Department of Corrections], two physicians, |
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| 17 | 17 | | including the prison physician, the spiritual leader [advisor] of |
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| 18 | 18 | | the condemned person as provided by Subsection (b), the chaplains |
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| 19 | 19 | | of the Texas Department of Criminal Justice [Corrections], the |
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| 20 | 20 | | county judge and sheriff of the county in which the Texas Department |
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| 21 | 21 | | of Criminal Justice [Corrections] is situated, and any of the |
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| 22 | 22 | | relatives or friends of the condemned person that the person [he] |
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| 23 | 23 | | may request, not exceeding five in number, shall be admitted. No |
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| 24 | 24 | | convict shall be permitted by the prison authorities to witness the |
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| 25 | 25 | | execution. |
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| 26 | 26 | | (b) The Texas Department of Criminal Justice shall allow a |
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| 27 | 27 | | condemned person to choose a spiritual leader of the religion that |
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| 28 | 28 | | the person practices to be present at the execution, including in |
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| 29 | 29 | | the room during the person's execution. |
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| 30 | 30 | | SECTION 2. This Act takes effect September 1, 2023. |
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