By: Kolkhorst H.B. No. 4
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 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 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. 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 or to life
imprisonment without parole as required by Section 12.31, Penal
Code.
SECTION 3. 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 4. 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.