83S20027 KEL-D
By: Canales H.B. No. 10
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) for life, if the individual committed the offense
when younger than 17 years of age [individual's case was
transferred to the court under Section 54.02, Family Code];
(2) for life or for life without parole, if the
individual committed the offense when 17 years of age; or
(3) for [(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 is mandatory on
conviction of the capital felony, if the individual committed the
offense when younger than 17 years of age [case was transferred to
the court under Section 54.02, Family Code];
(2) a sentence of either life imprisonment or life
imprisonment without parole is mandatory on conviction of the
capital felony, if the individual committed the offense when 17
years of age; or
(3) [(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 shall be sentenced to
imprisonment for life or for 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 with
respect to a defendant who was 18 years of age or older at the time
the capital felony was committed.
(c) The judge shall impose a sentence of imprisonment in the
Texas Department of Criminal Justice for life with respect to a
defendant who was younger than 17 years of age at the time the
capital felony was committed.
(d)(1) The judge or jury shall impose a sentence of
imprisonment in the Texas Department of Criminal Justice for life
or for life without parole with respect to a defendant who was 17
years of age at the time the capital felony was committed.
Notwithstanding the exception language provided by Section 2(b),
Article 37.07, the determination of who will assess punishment
under this subsection is governed by Section 2(b), Article 37.07.
(2) Evidence may be offered by the state and the
defendant as to any matter the court considers relevant to the
sentence, as governed by Section 3, Article 37.07, including
evidence of the defendant's background or character and evidence of
the circumstances of the offense. In determining the appropriate
sentence, the judge or jury shall consider any relevant mitigating
factor or circumstance, including any factor or circumstance that
may have contributed to the commission of the offense and any other
factor or circumstance described by this subdivision. The
defendant or the defendant's counsel may submit mitigating factors
or circumstances 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 the 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 the
appropriate sentence 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 or
circumstance research about adolescent brain development and its
impact on adolescent behavior and capacity for rehabilitation.
(5) If the punishment is to be assessed by the jury
rather than the judge, the judge shall charge the jury in writing as
follows:
"Under the law applicable in this case, a defendant
sentenced to imprisonment for life without parole is ineligible for
release on parole from the Texas Department of Criminal Justice.
"It is possible that any other sentence of imprisonment
for life might be reduced by the award of parole. However, the
defendant will not become eligible for parole until the actual time
served equals 30 years, without consideration of good conduct time,
and the eligibility for parole does not guarantee that parole will
be granted.
"It cannot accurately be predicted how the parole law
might be applied to this defendant if the defendant is sentenced to
life imprisonment, because the application of this law will depend
on decisions made by prison and parole authorities.
"You may consider the existence of the parole law.
However, you are not to consider the manner in which the parole law
may be applied to this particular defendant."
(6) Subdivision (5) does not permit the introduction
of evidence on the operation of parole laws.
SECTION 3. Section 508.145(b), Government Code, is amended
to read as follows:
(b) An inmate serving a life sentence under Section
12.31(a)(1) or (2), 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 30 [40]
calendar years.
SECTION 4. The change in law made by this Act:
(1) applies to a criminal action 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; and
(2) does not affect a final conviction that exists on
the effective date of this Act.
SECTION 5. 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.