S.B. No. 839
AN ACT
relating to the punishment for a capital felony committed by a
juvenile whose case is transferred to criminal court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.31, Penal Code, is amended to read as
follows:
Sec. 12.31. CAPITAL FELONY. (a) An individual adjudged
guilty of a capital felony in a case in which the state seeks the
death penalty shall be punished by imprisonment in the Texas
Department of Criminal Justice [institutional division] for life
without parole or by death. An individual adjudged guilty of a
capital felony in a case in which the state does not seek the death
penalty shall be punished by imprisonment in the Texas Department
of Criminal Justice [institutional division] for:
(1) life, if the individual's case was transferred to
the court under Section 54.02, Family Code; or
(2) life without parole.
(b) In a capital felony trial in which the state seeks the
death penalty, prospective jurors shall be informed that a sentence
of life imprisonment without parole or death is mandatory on
conviction of a capital felony. In a capital felony trial in which
the state does not seek the death penalty, prospective jurors shall
be informed that the state is not seeking the death penalty and
that:
(1) a sentence of life imprisonment is mandatory on
conviction of the capital felony, if the case was transferred to the
court under Section 54.02, Family Code; or
(2) a sentence of life imprisonment without parole is
mandatory on conviction of the capital felony.
SECTION 2. Section 508.145, Government Code, is amended by
adding Subsection (b) to read as follows:
(b) An inmate serving a life sentence under Section
12.31(a)(1), Penal Code, for a capital felony is not eligible for
release on parole until the actual calendar time the inmate has
served, without consideration of good conduct time, equals 40
calendar years.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 4. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 839 passed the Senate on
April 8, 2009, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 29, 2009, by the
following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 839 passed the House, with
amendment, on May 20, 2009, by the following vote: Yeas 101,
Nays 37, three present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor