Texas Code of Criminal Procedure

§ 43.141 — SCHEDULING OF EXECUTION DATE; WITHDRAWAL; MODIFICATION

CR § 43.141Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 43. EXECUTION OF JUDGMENT

Statute text

(a)If an initial application under Article 11.071 is timely filed, the convicting court may not set an execution date before:

(1)the court of criminal appeals denies relief; or

(2)if the case is filed and set for submission, the court of criminal appeals issues a mandate.

(b)If an original application is not timely filed under Article 11.071 or good cause is not shown for an untimely application under Article 11.071, the convicting court may set an execution date. (b-1) Not later than the second business day after the date on which the convicting court enters an order setting the execution date, a copy of the order must be sent by first-class mail, e-mail, or fax to:

(1)the attorney who represented the condemned person in the most recently concluded stage of a state or federal postconviction proceeding; and

(2)the office of capital writs established under Subchapter B, Chapter 78, Government Code. (b-2) The exclusive remedy for a failure to comply with Subsection (b-1) is the resetting of the execution date under this article.

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Legislative history

Acts 2015, 84th Leg., R.S., Ch. 951 (S.B. 1071), Sec. 1, eff. September 1, 2015.