Texas 2021 - 87th Regular

Texas Senate Bill SB189

Caption

Relating to certain sentencing procedures in a capital case.

Impact

The modifications made by SB189 primarily affect the criminal justice system's approach to capital cases. By specifying the framework for how juries deliberate on sentencing, the bill seeks to ensure clarity and consistency in jury instructions. For instance, it emphasizes that jurors must collectively agree on certain issues, and they need not concur on what specific evidence leads to their decision. This reflects a broader legislative intent to refine sentencing processes and potentially reduce confusion during capital trials. The bill implies a more structured examination of mitigating evidence, which may impact the outcomes for defendants facing the death penalty.

Summary

Senate Bill 189 introduces amendments to the procedures surrounding sentencing in capital cases in Texas. One of the principal changes is that it mandates a separate sentencing proceeding to determine whether a defendant found guilty of a capital offense should receive a death sentence or life imprisonment without parole. The bill aims to clarify the role and requirements of juries during these proceedings, particularly in relation to how they consider evidence relevant to sentencing, such as mitigating factors and the circumstances surrounding the offense.

Contention

Notably, the bill could evoke various responses from legal experts and human rights advocates. While proponents may argue that clearer jury instructions support fair trial processes, opponents could raise concerns regarding the implications for the use of capital punishment in Texas. Critics may point out that while the adjustments aim to ensure procedural fairness, they also risk perpetuating the death penalty, possibly failing to account for significant systemic issues such as racial bias and the reliability of evidence during trials. The contention toward SB189 will likely center on its impact on the broader discourse surrounding capital punishment and justice reforms in Texas.

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.