83S10456 KEL-D
By: Canales H.B. No. 72
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for a capital felony committed by an
individual younger than 18 years of age.
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 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 for:
(1) a term of not more than 99 years or less than 25
years [life], if the individual committed the offense when younger
than 18 years of age [individual's case was transferred to the court
under Section 54.02, Family Code]; or
(2) life without parole, if the individual committed
the offense when 18 years of age or older.
(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 for a term of not
more than 99 years or less than 25 years is mandatory on conviction
of the capital felony, if the individual committed the offense when
younger than 18 years of age [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, if the individual
committed the offense when 18 years of age or older.
SECTION 2. Section 12.42, Penal Code, is amended by adding
Subsection (e) to read as follows:
(e) For purposes of this section, a person convicted of a
capital felony who is punished by imprisonment for a term of not
more than 99 years or less than 25 years is considered to have been
convicted of a felony of the first degree.
SECTION 3. Section 1, Article 37.071, Code of Criminal
Procedure, is amended to read as follows:
Sec. 1. (a) If a defendant is found guilty in a capital
felony case in which the state does not seek the death penalty, the
[judge shall sentence the] defendant shall be sentenced to
imprisonment for a term of not more than 99 years or less than 25
years or to life imprisonment without parole as described by this
section and by Section 12.31, Penal Code.
(b) The judge shall impose a sentence of imprisonment in the
Texas Department of Criminal Justice for life without parole on a
defendant who was 18 years of age or older at the time the capital
felony was committed.
(c)(1) The judge or jury shall impose a sentence of
imprisonment for a term of not more than 99 years or less than 25
years on a defendant who was younger than 18 years of age at the time
the capital felony was committed.
(2) In determining an appropriate term of imprisonment
under this subsection, the court shall consider any mitigating
factors that may have contributed to the commission of the offense.
If a jury will determine the sentence, the court shall instruct the
jury to consider mitigating factors consistent with this
subdivision. The defendant or the defendant's counsel may submit
mitigating factors to the court, including any of the following
information about the defendant:
(A) age at the time of the offense;
(B) developmental stage at the time of the
offense;
(C) family and community environment;
(D) ability to appreciate the risks and
consequences of the conduct;
(E) intellectual capacity;
(F) the outcomes of a comprehensive mental health
evaluation described by Subdivision (3);
(G) peer or familial pressure;
(H) level of participation in the offense;
(I) ability to participate meaningfully in the
defense of the case;
(J) capacity for rehabilitation;
(K) school records and special education
evaluations;
(L) trauma history;
(M) faith and community involvement;
(N) involvement in the child welfare system; and
(O) any other mitigating factor or circumstance.
(3) At the defendant's request following the
adjudication of guilt, a mental health professional licensed in
this state and specializing in adolescent mental health issues
shall conduct a comprehensive mental health evaluation. The court
shall consider the outcomes of the evaluation in determining an
appropriate term of imprisonment under this subsection. The
comprehensive mental health evaluation must include:
(A) family interviews;
(B) family history;
(C) prenatal history;
(D) developmental history;
(E) medical history;
(F) history of treatment for substance use;
(G) social history; and
(H) a psychological evaluation.
(4) The defendant or the defendant's counsel may also
submit to the court for consideration as a mitigating factor
research about adolescent brain development and its impact on
adolescent behavior and capacity for rehabilitation.
SECTION 4. Section 508.145(b), Government Code, is amended
to read as follows:
(b) An inmate serving a [life] sentence for a capital felony
under Section 12.31(a)(1), Penal Code, for a term of not more than
99 years or less than 25 years [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 25 [40]
calendar years.
SECTION 5. (a) Except as provided by Subsection (b) of this
section, the change in law made by this Act applies to:
(1) a criminal action for which a final conviction
exists on the effective date of this Act if the defendant is serving
a sentence of life without parole for the offense and was younger
than 18 years of age at the time the offense was committed; and
(2) any other criminal action that is pending, on
appeal, or commenced on or after the effective date of this Act,
regardless of whether the criminal action is based on an offense
committed before, on, or after that date.
(b) The change in law made by this Act in adding Section
12.42(e), Penal Code, 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 subsection, an offense was
committed before the effective date of this Act if any element of
the offense occurred before that date.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.