(a) Purpose. The purpose of this rule is to specify
those adults, 18 years of age or older, who are authorized to witness
the scheduled execution of an inmate who has been sentenced to death.
(b) Victim Witnesses. Five close relatives of the victim
and a spiritual advisor may be victim witnesses. The total number
of victim witnesses shall not exceed six, unless the provision in
paragraph 3 of this subsection applies, at which time the number of
victim witnesses shall not exceed seven.
(1) "Close relative of the victim" means the following
persons in relation to the victim for whose death the inmate has been
scheduled for execution:
(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; or
(D) An individual who had a close relationship with
the victim or has a close relationship with a relative of the victim,
with the recommendation of the Victim Services Division (VSD) director
and approval of the Correctional Institutions Division (CID) director.
(2) If there are fewer than five close relatives of
the victim scheduled to attend, others may be permitted to attend
the execution as follows:
(A) Close relatives of a victim for whose death the
inmate has been convicted but not sentenced to death;
(B) Close relatives of a victim for whose death the
inmate is unequivocally responsible, with the recommendation of the
VSD director and approval of the CID director; and
(C) The surviving victim of a crime for which the inmate
has been convicted and sentenced to death, with the recommendation
of the VSD director and approval of the CID director.
(3) If there are multiple victims involved in the offense
for which the inmate has been convicted and sentenced to death, the
total number of witnesses shall be increased to seven.
(4) The spiritual advisor shall be a licensed or certified
pastor or comparable official, such as a minister, priest, or rabbi,
of the victim's or close relatives' religion.
(c) Inmate Witnesses. Individuals that may be inmate
witnesses are as follows:
(1) Five of the inmate's relatives or friends and a
spiritual advisor may attend the execution of the condemned inmate
if:
(A) The inmate provides a list of witnesses to the
death row supervisor or warden's designee at least 14 days prior to
the date of execution;
(B) The witnesses are 18 years of age or older;
(C) The inmate submits a request in writing to the
death row unit warden to have a TDCJ chaplain or the inmate's spiritual
advisor present inside the execution chamber within 30 days of being
notified of an execution date and must explain in writing what actions
the inmate requests the spiritual advisor to perform while inside
the execution chamber; and
(D) The spiritual advisor must be currently employed
as a TDCJ chaplain or have an established ongoing spiritual relationship
with the inmate as shown by regular communications or in-person visits
with the inmate prior to the inmate's scheduled execution date.
(2) If the inmate wants to change the witnesses previously
designated, and the request is made less than 14 days before the execution,
the inmate shall submit the request in writing through the death row
unit warden to the CID director, who shall approve or disapprove the
changes.
(d) Other Witnesses. Persons other than those listed
in subsections (b) and (c) 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 CID director;
(2) Members of the Texas Board of Criminal Justice;
(3) The Inspector General or designee, and staff of
the Office of the Inspector General as deemed necessary by the Inspector
General;
(4) TDCJ chaplains;
(5) The Walker County judge;
(6) The Walker County sheriff;
(7) Media pool representatives consisting of:
(A) One reporter from the Huntsville Item;
(B) One reporter from the Associated Press;
(C) Three additional print media or broadcast media
representatives selected from a list of applicants maintained by the
TDCJ Communications Department; and
(8) Any other person approved by the TDCJ CID director.
(e) Prohibition of Attendance. Any inmate currently
confined within the TDCJ is specifically denied authorization to witness
the execution of another inmate.
(f) Victim Notification.
(1) The VSD shall maintain a list of scheduled executions
and will include any significant changes pertaining to the execution,
such as dates or court rulings. The Executive Clemency Section of
the Board of Pardons and Paroles will provide a list of scheduled
executions to the VSD in an expedient manner.
(2) The VSD is responsible for notifying the victim(s)
or close relatives of the victim of the scheduled execution date,
time, and location, upon request. Victim(s) or close relatives shall
notify the VSD of any address or telephone number changes and of their
intent to attend.
(3) The relatives of the victim, and surviving victims,
shall be identified and approved by the VSD.
(4) It is the responsibility of the VSD to notify the
CID director, no later than five days prior to the scheduled execution
date, of the names and relationships to the victim for the victim's
witnesses and support persons who plan to attend.
(5) The VSD shall contact the relatives of the victim,
and surviving victims, 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
inmate witnesses and any victim witnesses; and
(2) There is sound separation between the condemned
inmate and those in attendance, except arrangements shall be provided
to allow those in attendance to hear the statements of the condemned
inmate.
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Source Note: The provisions of this §152.51 adopted to be effective February 2, 1996, 21 TexReg 602; amended to be effective April 5, 1998, 23 TexReg 3276; amended to be effective June 16, 2008, 33 TexReg 4682; amended to be effective April 28, 2013, 38 TexReg 2511; amended to be effective September 14, 2017, 42 TexReg 4658; amended to be effective March 3, 2024, 49 TexReg 1286 |