84R1224 MAW-D
	By: Miles	H.B. No. 267

	A BILL TO BE ENTITLED
	AN ACT
	relating to the joint or separate prosecution of a capital felony
	charged against two or more defendants.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 36.09, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 36.09.  SEVERANCE ON SEPARATE INDICTMENTS.  (a)  Two or
	more defendants who are jointly or separately indicted or
	complained against for the same offense or any offense growing out
	of the same transaction may be, in the discretion of the court,
	tried jointly or separately as to one or more defendants; provided
	that in any event either defendant may testify for the other or on
	behalf of the state; and provided further, that in cases in which,
	upon timely motion to sever, and evidence introduced thereon, it is
	made known to the court that there is a previous admissible
	conviction against one defendant or that a joint trial would be
	prejudicial to any defendant, the court shall order a severance as
	to the defendant whose joint trial would prejudice the other
	defendant or defendants.
	(b)  Notwithstanding Subsection (a), the court may not join
	two or more defendants in the same criminal trial if any defendant
	to be tried is indicted or complained against for a capital felony
	for which the state seeks the death penalty, and the court shall
	order a severance as to any two or more defendants who are jointly
	indicted or complained against for a capital felony if the state
	seeks the death penalty for any one of those defendants.
	SECTION 2.  The change in law made by this Act applies only
	to a trial commenced in a criminal case on or after the effective
	date of this Act. A trial commenced before the effective date of
	this Act is governed by the law in effect when the trial commenced,
	and the former law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2015.