Part VI.
Texas Department of Criminal Justice
Chapter 152.
Institutional Division
Subchapter D. Other Rules
37 TAC §152.51
The Texas Department of Criminal Justice proposes an amendment
to §152.51 concerning authorized witnesses to the execution of an inmate
sentenced to death.
The amendment specifies those persons authorized to witness the execution
of an inmate sentenced to death based upon the recommendation of the Victim
Services Division and the approval of the Director of the Texas Department
of Criminal Justice Institutional Division.
David P. McNutt, Deputy Director for Administrative Services has determined
that there will be no fiscal implications for state or local government as
a result of enforcing or administering this section as proposed.
Mr. McNutt also has determined that the public benefit anticipated as a
result of enforcing the section as proposed will be potential closure for
family members of murder victims. There will be no effect on small businesses.
There is no anticipated economic cost to individuals, as no individuals have
a duty to comply.
Comments should be directed to Carl Reynolds, General Counsel, Texas Department
of Criminal Justice, P.O. Box 13084, Austin, Texas 78711. Written comments
from the general public should be received within 30 days of the publication
of this proposal.
The amendment is proposed under the Government Code, §492.013,
which grants general rulemaking authority and the Code of Criminal Procedure,
Article 43.20.
Cross Reference to Statute: Code of Criminal Procedure, Article 43.20.
§152.51. Authorized Witnesses to the Execution of an Inmate Sentenced to Death.
(a)
(No change.)
(b)
Definition. "Close relative of the deceased victim" means
the following persons in relation to the victim for whose death an inmate
is sentenced to death:
(1)-(3)
(No change.)
(4)
another individual with a close relationship to the
deceased victim,
or to a close relative of the victim,
upon
the recommendation of the Victim Services Division (VSD) and
approval
of
[
(c)
Witnesses. The only persons authorized to witness an execution
are as follows:
(1)-(8)
(No change.)
(9)
if there are fewer than five close relatives of the
deceased victim
:
[
(A)
additional close relatives of a victim for
whose death the inmate has been convicted but for whose death the inmate
is not sentenced to death
; and
[
(B)
if there are still fewer than five persons,
additional close relatives of a victim for whose death the inmate is unequivocally
responsible, upon the recommendation of the Victim Services Division and
approval of the Director of TDCJ-ID[
(d)-(e)
(No change.)
(f)
Victim Notification.
(1)
(No change.)
(2)
The VSL/Emergency Action Center (EAC) shall provide
a list of scheduled executions to the TDCJ
(VSD)
[
(3)
The
VSD
[
(4)
The relative of the victim must be identified and
approved by the
VSD
[
(5)
It is the responsibility of the
VSD
[
(6)
The
VSD
[
(g)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
February 2, 1998.
TRD-9801436
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: March 15, 1998
For further information, please call: (512) 463-9693
by
] the Director of the [
Institutional Division
] Texas Department of Criminal Justice Institutional Division (TDCJ-ID).
,
]
,
]
, up to a total of five close relatives
under this paragraph and paragraph (8) of this subsection
].
Victim
Services Office (VSO)
]. Subsequent updates regarding significant changes
pertaining to the execution (e.g., dates, court rulings, etc.) shall also
be provided to the TDCJ
VSD
[
VSO
] by the VSL/EAC in
an expedient manner.
VSO
] is responsible
for notifying the relatives of the victim of the scheduled execution date,
time, and location, upon request. It is the responsibility of the relative
to notify the TDCJ
VSD
[
VSO
] of any subsequent address
changes and their intent to attend.
VSO
].
VSO
] to notify the VSL, no later than five days prior to the scheduled
execution date, of the names and contact numbers for those persons planning
to attend.
VSO
] shall contact
the relative of the victim and provide information regarding the written
procedures affecting their participation.
Chapter 159.
Special Programs