37 Tex. Admin. Code § 152.51 - Authorized Witnesses to the Execution of an Inmate Sentenced to Death
(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.
Notes
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