Texas 2009 - 81st Regular

Texas Senate Bill SB839 Compare Versions

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1	1	S.B. No. 839
2	2
3	3
4	4	AN ACT
5	5	relating to the punishment for a capital felony committed by a
6	6	juvenile whose case is transferred to criminal court.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 12.31, Penal Code, is amended to read as
9	9	follows:
10	10	Sec. 12.31. CAPITAL FELONY. (a) An individual adjudged
11	11	guilty of a capital felony in a case in which the state seeks the
12	12	death penalty shall be punished by imprisonment in the Texas
13	13	Department of Criminal Justice [institutional division] for life
14	14	without parole or by death. An individual adjudged guilty of a
15	15	capital felony in a case in which the state does not seek the death
16	16	penalty shall be punished by imprisonment in the Texas Department
17	17	of Criminal Justice [institutional division] for:
18	18	(1) life, if the individual's case was transferred to
19	19	the court under Section 54.02, Family Code; or
20	20	(2) life without parole.
21	21	(b) In a capital felony trial in which the state seeks the
22	22	death penalty, prospective jurors shall be informed that a sentence
23	23	of life imprisonment without parole or death is mandatory on
24	24	conviction of a capital felony. In a capital felony trial in which
25	25	the state does not seek the death penalty, prospective jurors shall
26	26	be informed that the state is not seeking the death penalty and
27	27	that:
28	28	(1) a sentence of life imprisonment is mandatory on
29	29	conviction of the capital felony, if the case was transferred to the
30	30	court under Section 54.02, Family Code; or
31	31	(2) a sentence of life imprisonment without parole is
32	32	mandatory on conviction of the capital felony.
33	33	SECTION 2. Section 508.145, Government Code, is amended by
34	34	adding Subsection (b) to read as follows:
35	35	(b) An inmate serving a life sentence under Section
36	36	12.31(a)(1), Penal Code, for a capital felony is not eligible for
37	37	release on parole until the actual calendar time the inmate has
38	38	served, without consideration of good conduct time, equals 40
39	39	calendar years.
40	40	SECTION 3. The change in law made by this Act applies only
41	41	to an offense committed on or after the effective date of this Act.
42	42	An offense committed before the effective date of this Act is
43	43	covered by the law in effect when the offense was committed, and the
44	44	former law is continued in effect for that purpose. For purposes of
45	45	this section, an offense was committed before the effective date of
46	46	this Act if any element of the offense occurred before that date.
47	47	SECTION 4. This Act takes effect September 1, 2009.
48	48	______________________________ ______________________________
49	49	President of the Senate Speaker of the House
50	50	I hereby certify that S.B. No. 839 passed the Senate on
51	51	April 8, 2009, by the following vote: Yeas 31, Nays 0; and that
52	52	the Senate concurred in House amendment on May 29, 2009, by the
53	53	following vote: Yeas 30, Nays 1.
54	54	______________________________
55	55	Secretary of the Senate
56	56	I hereby certify that S.B. No. 839 passed the House, with
57	57	amendment, on May 20, 2009, by the following vote: Yeas 101,
58	58	Nays 37, three present not voting.
59	59	______________________________
60	60	Chief Clerk of the House
61	61	Approved:
62	62	______________________________
63	63	Date
64	64	______________________________
65	65	Governor