Texas 2013 - 83rd 2nd C.S.

Texas Senate Bill SB2 Compare Versions

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Old	New	Differences
1	1	By: Huffman, et al. S.B. No. 2
2	2	(Kolkhorst, Moody, Carter, King of Parker)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the punishment for a capital felony committed by an
8	8	individual younger than 18 years of age.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 12.31, Penal Code, is amended to read as
11	11	follows:
12	12	Sec. 12.31. CAPITAL FELONY. (a) An individual adjudged
13	13	guilty of a capital felony in a case in which the state seeks the
14	14	death penalty shall be punished by imprisonment in the Texas
15	15	Department of Criminal Justice for life without parole or by death.
16	16	An individual adjudged guilty of a capital felony in a case in which
17	17	the state does not seek the death penalty shall be punished by
18	18	imprisonment in the Texas Department of Criminal Justice for:
19	19	(1) life, if the individual committed the offense when
20	20	younger than 18 years of age [individual's case was transferred to
21	21	the court under Section 54.02, Family Code]; or
22	22	(2) life without parole, if the individual committed
23	23	the offense when 18 years of age or older.
24	24	(b) In a capital felony trial in which the state seeks the
25	25	death penalty, prospective jurors shall be informed that a sentence
26	26	of life imprisonment without parole or death is mandatory on
27	27	conviction of a capital felony. In a capital felony trial in which
28	28	the state does not seek the death penalty, prospective jurors shall
29	29	be informed that the state is not seeking the death penalty and
30	30	that:
31	31	(1) a sentence of life imprisonment is mandatory on
32	32	conviction of the capital felony, if the individual committed the
33	33	offense when younger than 18 years of age [case was transferred to
34	34	the court under Section 54.02, Family Code]; or
35	35	(2) a sentence of life imprisonment without parole is
36	36	mandatory on conviction of the capital felony, if the individual
37	37	committed the offense when 18 years of age or older.
38	38	SECTION 2. Section 1, Article 37.071, Code of Criminal
39	39	Procedure, is amended to read as follows:
40	40	Sec. 1. If a defendant is found guilty in a capital felony
41	41	case in which the state does not seek the death penalty, the judge
42	42	shall sentence the defendant to life imprisonment or to life
43	43	imprisonment without parole as required by Section 12.31, Penal
44	44	Code.
45	45	SECTION 3. The change in law made by this Act:
46	46	(1) applies to a criminal action pending, on appeal,
47	47	or commenced on or after the effective date of this Act, regardless
48	48	of whether the criminal action is based on an offense committed
49	49	before, on, or after that date; and
50	50	(2) does not affect a final conviction that exists on
51	51	the effective date of this Act.
52	52	SECTION 4. This Act takes effect immediately if it receives
53	53	a vote of two-thirds of all the members elected to each house, as
54	54	provided by Section 39, Article III, Texas Constitution. If this
55	55	Act does not receive the vote necessary for immediate effect, this
56	56	Act takes effect on the 91st day after the last day of the
57	57	legislative session.