Monday was the first day for Texas legislators to pre-file bills for the legislative session that runs from Jan to May. Seven bills were filed on the first day. The first bill on the list, HB 111, grew out of the case of Kenneth Foster, Jr., who was tried together with a co-defendant. When Gov Perry commuted Foster’s sentence in 1987, he said he was concerned that Foster had not had a separate trial. Chair of the House Criminal Jurisprudence Committee Aaron Pena’s HB 111 says, “the court may not join two or more defendants in the same criminal trial if any defendant to be tried is indicted or complained against for a capital felony, and the court shall order a severance as to any two or more defendants who are jointly indicted or complained against for a capital felony”.

If you want to see a list of bills filed dealing with capital punishment, click here.

Texas Legislature
Bills By Subject
General Subject Index: Crimes–Capital Punishment
81st Legislature Regular Session
Report Date: 11/11/2008

Number of Bills: 7

HB 111 Author: Pena
Last Action: 11/10/2008 H Filed
Caption: Relating to the joint or separate prosecution of a capital felony charged against two or more defendants.

HJR 24 Author: Naishtat
Last Action: 11/10/2008 H Filed
Caption: Proposing a constitutional amendment relating to a moratorium on the execution of persons convicted of capital offenses.

SB 115 Author: Ellis
Last Action: 11/10/2008 S Filed
Caption: Relating to the creation of a commission to investigate and prevent wrongful convictions.

SB 165 Author: Ellis
Last Action: 11/10/2008 S Filed
Caption: Relating to an annual report and analysis by the Office of Court Administration regarding cases involving the trial of a capital offense.

SB 167 Author: Ellis
Last Action: 11/10/2008 S Filed
Caption: Relating to the applicability of the death penalty to a capital offense committed by a person with mental retardation.

SB 169 Author: Ellis
Last Action: 11/10/2008 S Filed
Caption: Relating to the authority of the governor to grant one or more reprieves in a capital case.

SJR 7 Author: Ellis
Last Action: 11/10/2008 S Filed
Caption: Proposing a constitutional amendment authorizing the governor to grant one or more reprieves in a capital case.
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