Texas House Bill HB252

Texas 2017 - 85th 1st C.S.

Caption

Relating to the extent of a defendant's criminal responsibility for the conduct of a coconspirator in certain felony cases.

Impact

The bill modifies Chapter 37 of the Code of Criminal Procedure by adding new provisions that require specific jury instructions in capital cases where the defendant is charged as a party under relevant sections of the Penal Code. The implications of this change could result in fewer death sentences for individuals convicted under these circumstances, effectively leading to an increase in life imprisonment sentences instead. The shift aims to provide a more nuanced approach to capital punishment, taking into account the varying degrees of participation in crimes.

Summary

House Bill 252 seeks to clarify the extent of a defendant's criminal responsibility in cases involving a coconspirator when charges relate to felonies, particularly capital felonies. This legislation introduces a specific procedural framework for capital cases where the state seeks the death penalty, ensuring that a jury can determine whether a defendant acted merely as a party to a crime rather than as a principal offender. If the jury concludes that the defendant is guilty only as a party, it prohibits the imposition of the death penalty.

Contention

While proponents of HB 252 argue that it promotes fairness in the justice system by differentiating levels of culpability, opponents might express concern that it could inadvertently reduce the deterrent effect of capital punishment. Critics may argue that this change could lead to a perception of leniency towards more secondary actors in serious crimes, potentially undermining the severity of punishment for those involved in conspiracy-related felonies.