HBA-NMO H.B. 892 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 892
By: Wilson
Criminal Jurisprudence
4/15/1999
Introduced


BACKGROUND AND PURPOSE 

Current law authorizes the court to set any criminal case for a pre-trial
hearing upon its merits before it is set for trial.  The law requires the
determination of only certain matters at the pre-trial hearing.  
According the Texas Department of Criminal Justice, approximately 42
percent of the persons on death row in this state are black males, while
black males constitute approximately six percent of this state's
population. 

H.B. 892 entitles a defendant on request, in a capital case in which the
state has notified the court and the defendant that it will seek the death
penalty, to a pre-trial hearing at which the court determines whether the
decision by the state to seek the death penalty was based in significant
part on the race of the defendant or the victim of the alleged offense.
This bill further requires the court, if it finds that the defendant has
proven by clear and convincing evidence that the state made the decision to
seek the death penalty in significant part because of race, to order the
attorney representing the state to not proceed with the prosecution of the
case as a death penalty case.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 28, Code of Criminal Procedure, by adding
Article 28.011, as follows: 

Art.  28.011.  RACE AS A FACTOR IN A CAPITAL CASE.  (a) Entitles a
defendant on request, in a capital case in which the state has notified the
court and the defendant that it will seek the death penalty, to a pre-trial
hearing at which the court determines whether the decision by the state to
seek the death penalty was based in significant part on the race of the
defendant or the victim of the alleged offense.  Provides that a
defendant's request, if a pretrial hearing on other matters is held under
Article 28.01, Code of Criminal Procedure (Pretrial), must be disposed of
in the same hearing.  Provides that the provisions of Article 28.01
prohibiting further adjudication of certain matters not raised at a
pre-trial hearing do not apply to matters related to a defendant's request
under this article. 

(b) Authorizes a defendant, at a pre-trial hearing under this article, to
allege that the state is seeking the death penalty in the case in
significant part because of the race of the defendant or the victim of the
alleged offense.  Authorizes the defendant to present evidence, statistical
or otherwise, supporting the allegation made by the defendant. Entitles the
state to admit evidence rebutting an allegation made by the defendant.
Requires the court, if it finds that by clear and convincing evidence the
defendant has proven that the decision to seek the death penalty in the
defendant's case was made in significant part because of race, to order the
attorney representing the state to not proceed with the prosecution of the
case as a death penalty case. 

SECTION 2.  Provides that this Act applies to any capital case for which
voir dire begins on or after the effective date of this Act. 
 
SECTION 3.  Emergency clause.
  Effective date: upon passage.