HBA-EDN H.B. 1328 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1328 By: Dutton Criminal Jurisprudence 4/19/2001 Introduced BACKGROUND AND PURPOSE All convictions in Texas resulting in a sentence of death are automatically reviewed by the Texas Court of Criminal Appeals. However, after receiving written notice that a defendant's sentence of death has been upheld by the court of criminal appeals, the case is returned to the convicting court which then has the responsibility to set the date on which the defendant will be executed. Allowing the court of criminal appeals to set the execution date, rather than returning the case for the convicting court to do so, may be more expedient and efficient for all parties involved. House Bill 1328 transfers the responsibility for setting the execution date for a defendant from the convicting court to the court of criminal appeals. 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. ANALYSIS House Bill 1328 amends the Code of Criminal Procedure to provide that the Texas Court of Criminal Appeals (court) rather than the convicting court is responsible for setting, or resetting if necessary, an execution date for an inmate and to delete provisions accordingly. The bill also changes all references to the Department of Corrections to the Texas Department of Criminal Justice (TDCJ). H.B. 1328 requires the court to issue a warrant for the execution of an inmate whose conviction has been affirmed by the court as soon as practicable after the date the court denies relief if the inmate timely files an initial application for a writ of habeas corpus (application) or after the date any initial application filed by the inmate would be untimely. If the court issues a stay of execution in response to a subsequent application, or if a stay of execution is ordered for any reason by the court or a federal court, the court is authorized to issue a new warrant of execution on resolution of all issues. The bill requires a warrant to be issued to the executive director of TDCJ and to state the fact of the conviction and the date of execution. H.B. 1328 repeals provisions relating to the scheduling of an execution date by the convicting court upon receipt of the mandate of affirmance from the court, the withdrawal or modification of a warrant for execution by the convicting court, and the competency of a person to be executed. These provisions apply only to the execution of an inmate convicted of a capital offense for whom no execution date exists or an execution date exists but is subject to a stay of execution on September 1, 2001. The bill prohibits the court from setting an execution date for an inmate that is before September 1, 2003. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.