Texas 2017 - 85th 1st C.S.

Texas House Bill HB310

Caption

Relating to certain sentencing procedures in a capital case.

Impact

The legislative changes introduced by HB 310 significantly refine jury instructions in capital cases. One key point is that jurors must unanimously agree to any 'yes' verdict concerning sentencing, while they require a larger majority to issue a 'no.' Additionally, the bill emphasizes the need for jurors to consider all evidence presented, including any mitigating factors that could influence their decision against imposing the death penalty. These changes aim to better protect the rights of defendants and ensure a fairer consideration during sentencing proceedings.

Summary

House Bill 310 focuses on amending certain sentencing procedures in capital cases, particularly those concerning the imposition of the death penalty. The bill stipulates that if a defendant is found guilty of a capital offense where the state seeks the death penalty, a separate sentencing phase must be held to determine the appropriate sentence. This phase will occur in the trial court before a jury, where both the state and the defense can present evidence relevant to sentencing, including background and character information, potentially mitigating factors, and the circumstances of the crime. This sets a clear protocol for how these sensitive cases are handled in Texas courts.

Contention

Notable points of contention surrounding HB 310 include discussions about the intended and unintended consequences of altering jury instructions in capital punishment cases. Proponents argue that the new instructions ensure a more equitable trial process, allowing jurors to consider a broader range of evidence, which could lead to fairer outcomes for defendants. However, opponents express concerns that the changes could complicate the jury's decision-making process or inadvertently lead to extended deliberation periods, potentially affecting trial efficiency and the overall criminal justice process.

Companion Bills

No companion bills found.

Previously Filed As

TX HB188

Relating to certain sentencing procedures in a capital case.

TX HB727

Relating to the applicability of the death penalty to a capital offense committed by a person with severe mental illness.

TX HB918

Relating to abolishing the death penalty.

TX HB142

Relating to abolishing the death penalty.

TX SB516

Relating to abolishing the death penalty.

TX HB4504

Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.

TX HB4622

Relating to the manner in which certain criminal and juvenile proceedings are conducted.

TX HB1736

Relating to the extent of a defendant's criminal responsibility for the conduct of a coconspirator in a capital murder case and the review of certain convictions by the Board of Pardons and Paroles.

TX HB5088

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

TX SB2479

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

Similar Bills

No similar bills found.