Texas 2009 - 81st Regular

Texas House Bill HB921 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R727 KCR-D
2	2	By: Dutton H.B. No. 921
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to jury selection in capital cases.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 2(a)(1), Article 37.071, Code of
10	10	Criminal Procedure, is amended to read as follows:
11	11	(1) If a defendant is tried for a capital offense in
12	12	which the state seeks the death penalty, on a finding that the
13	13	defendant is guilty of a capital offense, the court shall conduct a
14	14	separate sentencing proceeding to determine whether the defendant
15	15	shall be sentenced to death or life imprisonment without parole.
16	16	The proceeding shall be conducted as soon as practicable in the
17	17	trial court and, except as provided by Section 3 or Article 44.29(c)
18	18	[of this code], before the trial jury [as soon as practicable]. In
19	19	the proceeding, evidence may be presented by the state and the
20	20	defendant or the defendant's counsel as to any matter that the court
21	21	deems relevant to sentence, including evidence of the defendant's
22	22	background or character or the circumstances of the offense that
23	23	mitigates against the imposition of the death penalty. This
24	24	subdivision shall not be construed to authorize the introduction of
25	25	any evidence secured in violation of the Constitution of the United
26	26	States or of the State of Texas. The state and the defendant or the
27	27	defendant's counsel shall be permitted to present argument for or
28	28	against sentence of death. The introduction of evidence of
29	29	extraneous conduct is governed by the notice requirements of
30	30	Section 3(g), Article 37.07. The court, the attorney representing
31	31	the state, the defendant, or the defendant's counsel may not inform
32	32	a juror or a prospective juror of the effect of a failure of a jury
33	33	to agree on issues submitted under Subsection (c) or (e).
34	34	SECTION 2. Section 2(d), Article 37.071, Code of Criminal
35	35	Procedure, is amended to read as follows:
36	36	(d) The court shall charge the jury that:
37	37	(1) in deliberating on the issues submitted under
38	38	Subsection (b) [of this article], the jury [it] shall consider all
39	39	evidence admitted at any stage of the trial for which the jury is
40	40	impaneled [the guilt or innocence stage and the punishment stage],
41	41	including evidence of the defendant's background or character or
42	42	the circumstances of the offense that militates for or mitigates
43	43	against the imposition of the death penalty;
44	44	(2) the jury [it] may not answer any issue submitted
45	45	under Subsection (b) [of this article] "yes" unless the jury [it]
46	46	agrees unanimously and the jury [it] may not answer any issue "no"
47	47	unless 10 or more jurors agree; and
48	48	(3) members of the jury need not agree on what
49	49	particular evidence supports a negative answer to any issue
50	50	submitted under Subsection (b) [of this article].
51	51	SECTION 3. Article 37.071, Code of Criminal Procedure, is
52	52	amended by adding Section 3 to read as follows:
53	53	Sec. 3. (a) If a defendant is tried for a capital offense in
54	54	which the state seeks the death penalty, at any time before trial
55	55	commences the defendant may file a sworn motion requesting the
56	56	court to impanel a separate jury for the punishment stage of the
57	57	trial.
58	58	(b) On the jury's finding that the defendant is guilty of a
59	59	capital offense, if the defendant filed a motion under Subsection
60	60	(a), the court shall:
61	61	(1) discharge the jury that returned the finding of
62	62	guilt; and
63	63	(2) impanel a separate jury for the punishment stage
64	64	of the trial.
65	65	(c) The court shall impanel the jury for the punishment
66	66	stage of the trial in the same manner that the court impaneled the
67	67	jury for the guilt or innocence stage.
68	68	(d) The court shall exclude from the jury impaneled for the
69	69	punishment stage any person who served on the jury for the guilt or
70	70	innocence stage.
71	71	SECTION 4. Section 3(a)(1), Article 37.0711, Code of
72	72	Criminal Procedure, is amended to read as follows:
73	73	(1) If a defendant is tried for a capital offense in
74	74	which the state seeks the death penalty, on a finding that the
75	75	defendant is guilty of a capital offense, the court shall conduct a
76	76	separate sentencing proceeding to determine whether the defendant
77	77	shall be sentenced to death or life imprisonment. The proceeding
78	78	shall be conducted as soon as practicable in the trial court and,
79	79	except as provided by Section 4 or Article 44.29(c) [of this code],
80	80	before the trial jury [as soon as practicable]. In the proceeding,
81	81	evidence may be presented as to any matter that the court deems
82	82	relevant to sentence. This subdivision shall not be construed to
83	83	authorize the introduction of any evidence secured in violation of
84	84	the Constitution of the United States or of this state. The state
85	85	and the defendant or the defendant's counsel shall be permitted to
86	86	present argument for or against sentence of death.
87	87	SECTION 5. Article 37.0711, Code of Criminal Procedure, is
88	88	amended by adding Section 4 to read as follows:
89	89	Sec. 4. (a) If a defendant is tried for a capital offense in
90	90	which the state seeks the death penalty, at any time before trial
91	91	commences the defendant may file a sworn motion requesting the
92	92	court to impanel a separate jury for the punishment stage of the
93	93	trial.
94	94	(b) On the jury's finding that the defendant is guilty of a
95	95	capital offense, if the defendant filed a motion under Subsection
96	96	(a), the court shall:
97	97	(1) discharge the jury that returned the finding of
98	98	guilt; and
99	99	(2) impanel a separate jury for the punishment stage
100	100	of the trial.
101	101	(c) The court shall impanel the jury for the punishment
102	102	stage of the trial in the same manner that the court impaneled the
103	103	jury for the guilt or innocence stage.
104	104	(d) The court shall exclude from the jury impaneled for the
105	105	punishment stage any person who served on the jury for the guilt or
106	106	innocence stage.
107	107	SECTION 6. The changes in law made by this Act apply only to
108	108	an offense committed on or after the effective date of this Act. An
109	109	offense committed before the effective date of this Act is covered
110	110	by the law in effect at the time the offense was committed, and the
111	111	former law is continued in effect for that purpose. For purposes of
112	112	this section, an offense was committed before the effective date of
113	113	this Act if any element of the offense was committed before that
114	114	date.
115	115	SECTION 7. This Act takes effect September 1, 2009.