By: Burnam H.B. No. 81
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) life, if the 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. If the individual
committed the offense when younger than 18 years of age, the
individual shall be punished for a first-degree felony.
(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] a sentence for a
first-degree felony 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 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 to life imprisonment without
parole if the individual committed the offense when 18 years of age
or older.
(b) If a defendant is found guilty in a capital felony case
in which the individual committed the offense when younger than 18
years of age, the judge or jury shall sentence the defendant for a
First Degree Felony.
(c) In determining a sentence under this subsection the
sentencing court shall consider the mitigating factors which
contributed to the commission of the offense. If the sentence is
being determined by a jury, the court shall instruct the jury to
consider mitigating factors consistent with this subsection. The
defendant or the defendant's counsel may submit mitigating factors
to the court including but not limited to the following information
about the defendant:
(1) age at the time of the offense;
(2) developmental stage at the time of the offense;
(3) family and community environment;
(4) ability to appreciate the risks and consequences
of the conduct;
(5) intellectual capacity;
(6) the outcomes of a comprehensive mental health
evaluation conducted by an adolescent mental health professional
licensed in the state of Texas at the defendant's request as
described in subsection (d);
(7) peer or familial pressure;
(8) level of participation in the offense;
(9) ability to participate meaningfully in his or her
defense;
(10) capacity for rehabilitation;
(11) school records and special education
evaluations;
(12) trauma history;
(13) faith and community involvement;
(14) involvement in the child welfare system; and
(15) any other mitigating factor or circumstance.
(d) Comprehensive mental health evaluation. The sentencing
Court shall consider the outcomes of a comprehensive mental health
evaluation which shall be conducted by an adolescent mental health
professional licensed in the state of Texas at the defendant's
request following conviction. The comprehensive mental health
evaluation must include the following:
(1) family interviews;
(2) family history;
(3) prenatal history;
(4) developmental history;
(5) medical history;
(6) history of treatment for substance use;
(7) social history; and
(8) a psychological evaluation.
(e) The defendant or the defendant's counsel may also submit
to the court for its consideration as a mitigating factor research
about adolescent brain development and its impact on adolescent
behavior and capacity for rehabilitation.
SECTION 3. 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 September 1, 2013.