Texas House Bill HB2267

Texas 2009 - 81st Regular

• Out of House Committee: 4/24/09
• Voted on by House: 5/18/09
• Out of Senate Committee: 5/23/09

Caption

Relating to the joint or separate prosecution in capital felony cases.

Impact

If passed, HB 2267 would specifically impact procedures related to how capital felonies are prosecuted in Texas. It would change the current frameworks by clearly prohibiting the joining of multiple defendants in a single trial if any of them are charged with a capital felony. This could lead to a more streamlined approach in the legal proceedings of serious offenses, potentially reducing complications that arise from joint trials. The emphasis on severance in cases that may prejudice any defendant emphasizes fairness in the judicial process.

Summary

House Bill 2267 seeks to amend the Code of Criminal Procedure concerning the prosecution of capital felony cases. The bill involves provisions for the joint or separate prosecution of defendants charged with capital felonies. A significant change proposed is the court's discretion in determining whether defendants are tried jointly or separately, particularly when it involves capital felony charges. This could affect how serious felony offenses are addressed within the legal system, ensuring clearer guidelines for trial processes.

Contention

The bill's amendments to the sentencing provisions also draw attention, as it ensures that if a defendant is found guilty but the death penalty is not sought, the mandated sentence is life imprisonment without parole. This raises discussions regarding the nature of criminal responsibility in cases where defendants may only be found guilty as parties to a crime rather than principal offenders. The prohibition on seeking the death penalty in such cases aims to delineate the liability and consequences for varying degrees of involvement in criminal conduct.