Art. 43.141. SCHEDULING OF EXECUTION DATE; WITHDRAWAL; MODIFICATION. (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.
(c) An execution date may not be earlier than the 91st day after the date the convicting court enters the order setting the execution date.
(d) The convicting court may modify or withdraw the order of the court setting a date for execution in a death penalty case if the court determines that additional proceedings are necessary on:
(1) a subsequent or untimely application for a writ of habeas corpus filed under Article 11.071; or
(2) a motion for forensic testing of DNA evidence submitted under Chapter 64.
(e) If the convicting court withdraws the order of the court setting the execution date, the court shall recall the warrant of execution. If the court modifies the order of the court setting the execution date, the court shall recall the previous warrant of execution, and the clerk of the court shall issue a new warrant.
Added by Acts 1995, 74th Leg., ch. 319, Sec. 4, eff. Sept. 1, 1995. Subsec. (d) amended by Acts 2003, 78th Leg., ch. 13, Sec. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 951 (S.B. 1071), Sec. 1, eff. September 1, 2015.
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