PART 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE
CHAPTER 152. CORRECTIONAL INSTITUTIONS DIVISION
SUBCHAPTER D. OTHER RULES
The Texas Board of Criminal Justice adopts the amendments to §152.51, Authorized Witnesses to the Execution of an Inmate Sentenced to Death, with changes to the text as published in the April 11, 2008, issue of the Texas Register (33 TexReg 2909).
The amendments are necessary to add clarity, increase the number of victim witnesses to six under certain circumstances and authorize other persons to witness the execution upon approval of the TDCJ Executive Director.
A comment was received requesting a revision that would allow a spiritual advisor to accompany the victim's close relatives to an execution, as is allowed for the offender. The suggestion was incorporated into subsection (b).
The amendments are adopted under Texas Code of Criminal Procedure, art. 43.20.
Cross Reference to Statutes: Texas Government Code, §492.013.
§152.51.Authorized Witnesses to the Execution of an Offender Sentenced to Death.
(a) Purpose. The purpose of this rule is to specify those persons who are authorized to witness the scheduled execution of an offender who has been sentenced to death.
(b) Victim Witnesses. Five (5) close relatives of the victim and a spiritual advisor may be victim witnesses. The total number of victim witnesses shall not exceed six (6), unless the provision under (b)(2)(C) of this rule applies, at which time the number of victim witnesses shall not exceed seven (7).
(1) "Close relative of the victim" means the following persons in relation to the victim for whose death an offender is sentenced to death:
(A) The spouse of the victim at the time of the victim's death;
(B) A parent or stepparent of the victim;
(C) An adult brother, sister, child or stepchild of the victim (adult is defined as anyone 18 years of age or older); or
(D) An individual who had a close relationship with the victim or has a close relationship with a relative of the victim, upon the recommendation of the Victim Services Division (VSD) and the approval of the Director of the Correctional Institutions Division (CID).
(2) If there are fewer than five (5) close relatives of the victim, others may be permitted to attend the execution as follows:
(A) Close relatives of a victim for whose death the offender has been convicted but for whose death the offender is not sentenced to death;
(B) If there are still fewer than five (5) persons, close relatives of a victim for whose death the offender is unequivocally responsible, upon the recommendation of the VSD and approval of the Director of the CID; and
(C) If there are multiple victims involved relating to the offense for which the offender has been convicted and sentenced to death, the total number of witnesses shall be increased to six (6).
(3) The spiritual advisor shall be a bona fide pastor or comparable official (e.g., minister, priest or rabbi) of the victim's close relatives' religion.
(c) Offender Witnesses. Individuals that may be offender witnesses are as follows:
(1) Five (5) relatives or friends and a spiritual advisor, if requested by the condemned offender, are eligible to attend the execution of the condemned offender if:
(A) The condemned offender provides a list of witnesses and the name or type of spiritual advisor requested to attend the execution to the Classification and Records Department at least 14 days prior to the date of execution; and
(B) The witnesses and spiritual advisor requested by the offender are on the offender's approved Visitors List and the witnesses are 18 years of age or older.
(2) If less than 14 days prior to the scheduled execution the condemned offender requests to change the names of previously submitted witnesses or requested spiritual advisor, the offender shall submit a request in writing to the Director of the CID who shall approve or disapprove the changes.
(3) The spiritual advisor shall be a bona fide pastor or comparable official (e.g., minister, priest or rabbi) of the condemned offender's elected religion.
(d) Other Witnesses. The only persons other than those listed in subsection (b) and (c) above who are authorized to witness an execution are:
(1) Texas Department of Criminal Justice (TDCJ) staff or law enforcement staff as deemed necessary by the Director of the CID;
(2) Members of the Texas Board of Criminal Justice (TBCJ);
(3) Inspector General or designee and the Office of the Inspector General (OIG) assigned staff as deemed necessary by the Inspector General;
(4) TDCJ Chaplains;
(5) Walker County Judge;
(6) Walker County Sheriff;
(7) Media pool representatives consisting of:
(A) One (1) reporter from the Huntsville Item;
(B) One (1) reporter from the Associated Press (AP);
(C) Three (3) additional print media and/or broadcast media representatives selected from rotating lists of applicants maintained by the TDCJ Public Information Office; and
(8) Any other person as approved by the TDCJ Executive Director.
(e) Prohibition of Attendance. Any offender currently confined within the TDCJ is specifically denied authorization to witness the execution of an offender.
(f) Victim Notification.
(1) The VSD shall maintain a list of scheduled executions and any subsequent updates regarding significant changes pertaining to the execution (e.g., dates, court rulings, etc.). The Executive Clemency Section of the Board of Pardons and Paroles (BPP) will provide a list of scheduled executions to the VSD in an expedient manner.
(2) The VSD is responsible for notifying the victim(s) and/or close relatives of the victim of the scheduled execution date, time and location, upon request. It is the responsibility of the victim(s) and/or close relatives to notify the VSD of any subsequent address or telephone number changes and their intent to attend.
(3) The relatives of the victim shall be identified and approved by the VSD.
(4) It is the responsibility of the VSD to notify the Director of the CID, no later than five (5) days prior to the scheduled execution date, of the names and contact numbers for the victim's witnesses who plan to attend.
(5) The VSD shall contact the relatives of the victim and provide information regarding the written procedures affecting their participation.
(g) Requirements for the Execution Chamber. The room provided for the execution shall be arranged so that:
(1) There is sight and sound separation between any offender witnesses and any victim witnesses; and
(2) There is sound separation between the condemned offender and those in attendance, except arrangements shall be provided to allow those in attendance to hear the statements of the condemned offender.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 27, 2008.
TRD-200802769
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Effective date: June 16, 2008
Proposal publication date: April 11, 2008
For further information, please call: (512) 463-0422
The Texas Board of Criminal Justice adopts the amendments to §159.1, Substance Abuse Felony Punishment Facilities (SAFPF) Eligibility Criteria, without changes to the text, as published in the April 11, 2008, issue of the Texas Register (33 TexReg 2911), and it will not be republished.
The amendments are necessary to conform the rule to state law.
The amendments are adopted under Texas Government Code §493.009 and Texas Code of Criminal Procedure, art. 42.12, §14.
Cross Reference to Statutes: Texas Government Code, §492.013.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 27, 2008.
TRD-200802770
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Effective date: June 16, 2008
Proposal publication date: April 11, 2008
For further information, please call: (512) 463-0422