Texas 2015 - 84th Regular

Texas House Bill HB1032 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R548 MEW-D
2	2	By: Dutton H.B. No. 1032
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to abolishing the death penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 12.31, Penal Code, is amended to read as
10	10	follows:
11	11	Sec. 12.31. CAPITAL FELONY. (a) An individual adjudged
12	12	guilty of a capital felony [in a case in which the state seeks the
13	13	death penalty shall be punished by imprisonment in the Texas
14	14	Department of Criminal Justice for life without parole or by
15	15	death. An individual adjudged guilty of a capital felony in a case
16	16	in which the state does not seek the death penalty] shall be
17	17	punished by imprisonment in the Texas Department of Criminal
18	18	Justice for:
19	19	(1) life, if the individual committed the offense when
20	20	younger than 18 years of age; or
21	21	(2) life without parole, if the individual committed
22	22	the offense when 18 years of age or older.
23	23	(b) In a capital felony trial [in which the state seeks the
24	24	death penalty, prospective jurors shall be informed that a sentence
25	25	of life imprisonment without parole or death is mandatory on
26	26	conviction of a capital felony. In a capital felony trial in which
27	27	the state does not seek the death penalty], prospective jurors
28	28	shall be informed [that the state is not seeking the death penalty
29	29	and] that:
30	30	(1) a sentence of life imprisonment is mandatory on
31	31	conviction of the capital felony, if the individual committed the
32	32	offense when younger than 18 years of age; or
33	33	(2) a sentence of life imprisonment without parole is
34	34	mandatory on conviction of the capital felony, if the individual
35	35	committed the offense when 18 years of age or older.
36	36	SECTION 2. Articles 1.13(a) and (b), Code of Criminal
37	37	Procedure, are amended to read as follows:
38	38	(a) Subject to Subsection (b), the [The] defendant in a
39	39	criminal prosecution for any offense is entitled [other than a
40	40	capital felony case in which the state notifies the court and the
41	41	defendant that it will seek the death penalty shall have the right],
42	42	upon entering a plea, to waive the right of trial by jury,
43	43	conditioned, however, that, except as provided by Article 27.19,
44	44	the waiver must be made in person by the defendant in writing in
45	45	open court with the consent and approval of the court, and the
46	46	attorney representing the state. The consent and approval by the
47	47	court shall be entered of record on the minutes of the court, and
48	48	the consent and approval of the attorney representing the state
49	49	shall be in writing, signed by that attorney, and filed in the
50	50	papers of the cause before the defendant enters the defendant's
51	51	plea.
52	52	(b) In a capital felony case [in which the attorney
53	53	representing the State notifies the court and the defendant that it
54	54	will not seek the death penalty], the defendant may waive the right
55	55	to trial by jury but only if the attorney representing the State, in
56	56	writing and in open court, consents to the waiver.
57	57	SECTION 3. Article 4.03, Code of Criminal Procedure, is
58	58	amended to read as follows:
59	59	Art. 4.03. COURTS OF APPEALS. The Courts of Appeals shall
60	60	have appellate jurisdiction coextensive with the limits of their
61	61	respective districts in all criminal cases [except those in which
62	62	the death penalty has been assessed]. This article may [Article
63	63	shall] not be so construed as to embrace any case which has been
64	64	appealed from any inferior court to the county court, the county
65	65	criminal court, or county court at law, in which the fine imposed or
66	66	affirmed by the county court, the county criminal court or county
67	67	court at law does not exceed one hundred dollars, unless the sole
68	68	issue is the constitutionality of the statute or ordinance on which
69	69	the conviction is based.
70	70	SECTION 4. Section 2, Article 4.04, Code of Criminal
71	71	Procedure, is amended to read as follows:
72	72	Sec. 2. The Court of Criminal Appeals shall have, and is
73	73	hereby given, final appellate and review jurisdiction in criminal
74	74	cases coextensive with the limits of the state, and its
75	75	determinations shall be final. [The appeal of all cases in which
76	76	the death penalty has been assessed shall be to the Court of
77	77	Criminal Appeals.] In addition, the Court of Criminal Appeals may,
78	78	on its own motion, with or without a petition for such discretionary
79	79	review being filed by one of the parties, review any decision of a
80	80	court of appeals in a criminal case. Discretionary review by the
81	81	Court of Criminal Appeals is not a matter of right, but of sound
82	82	judicial discretion.
83	83	SECTION 5. The heading to Article 11.07, Code of Criminal
84	84	Procedure, is amended to read as follows:
85	85	Art. 11.07. PROCEDURE AFTER FELONY CONVICTION [WITHOUT
86	86	DEATH PENALTY]
87	87	SECTION 6. Sections 1 and 2, Article 11.07, Code of Criminal
88	88	Procedure, are amended to read as follows:
89	89	Sec. 1. This article establishes the procedures for an
90	90	application for writ of habeas corpus in which the applicant seeks
91	91	relief from a felony judgment [imposing a penalty other than
92	92	death].
93	93	Sec. 2. After indictment found in any felony case[, other
94	94	than a case in which the death penalty is imposed,] and before
95	95	conviction, the writ must be made returnable in the county where the
96	96	offense has been committed.
97	97	SECTION 7. Section 3(b), Article 11.07, Code of Criminal
98	98	Procedure, is amended to read as follows:
99	99	(b) An application for writ of habeas corpus filed after
100	100	final conviction in a felony case[, other than a case in which the
101	101	death penalty is imposed,] must be filed with the clerk of the court
102	102	in which the conviction being challenged was obtained, and the
103	103	clerk shall assign the application to that court. When the
104	104	application is received by that court, a writ of habeas corpus,
105	105	returnable to the Court of Criminal Appeals, shall issue by
106	106	operation of law. The clerk of that court shall make appropriate
107	107	notation thereof, assign to the case a file number (ancillary to
108	108	that of the conviction being challenged), and forward a copy of the
109	109	application by certified mail, return receipt requested, by secure
110	110	electronic mail, or by personal service to the attorney
111	111	representing the state in that court, who shall answer the
112	112	application not later than the 15th day after the date the copy of
113	113	the application is received. Matters alleged in the application
114	114	not admitted by the state are deemed denied.
115	115	SECTION 8. Articles 11.073(b) and (c), Code of Criminal
116	116	Procedure, are amended to read as follows:
117	117	(b) A court may grant a convicted person relief on an
118	118	application for a writ of habeas corpus if:
119	119	(1) the convicted person files an application, in the
120	120	manner provided by Article 11.07[, 11.071,] or 11.072, containing
121	121	specific facts indicating that:
122	122	(A) relevant scientific evidence is currently
123	123	available and was not available at the time of the convicted
124	124	person's trial because the evidence was not ascertainable through
125	125	the exercise of reasonable diligence by the convicted person before
126	126	the date of or during the convicted person's trial; and
127	127	(B) the scientific evidence would be admissible
128	128	under the Texas Rules of Evidence at a trial held on the date of the
129	129	application; and
130	130	(2) the court makes the findings described by
131	131	Subdivisions (1)(A) and (B) and also finds that, had the scientific
132	132	evidence been presented at trial, on the preponderance of the
133	133	evidence the person would not have been convicted.
134	134	(c) For purposes of Section 4(a)(1), Article 11.07,
135	135	[Section 5(a)(1), Article 11.071,] and Section 9(a), Article
136	136	11.072, a claim or issue could not have been presented previously in
137	137	an original application or in a previously considered application
138	138	if the claim or issue is based on relevant scientific evidence that
139	139	was not ascertainable through the exercise of reasonable diligence
140	140	by the convicted person on or before the date on which the original
141	141	application or a previously considered application, as applicable,
142	142	was filed.
143	143	SECTION 9. The heading to Article 11.65, Code of Criminal
144	144	Procedure, is amended to read as follows:
145	145	Art. 11.65. BOND FOR [CERTAIN] APPLICANTS.
146	146	SECTION 10. Article 11.65(a), Code of Criminal Procedure,
147	147	is amended to read as follows:
148	148	(a) This article applies to an applicant for a writ of
149	149	habeas corpus seeking relief from the judgment in a criminal case[,
150	150	other than an applicant seeking relief from a judgment imposing a
151	151	penalty of death].
152	152	SECTION 11. Section 6, Article 24.29, Code of Criminal
153	153	Procedure, is amended to read as follows:
154	154	Sec. 6. EXCEPTIONS. This Act does not apply to a person in
155	155	this state who is confined as mentally ill [or who is under sentence
156	156	of death].
157	157	SECTION 12. Articles 26.04(b) and (g), Code of Criminal
158	158	Procedure, are amended to read as follows:
159	159	(b) Procedures adopted under Subsection (a) shall:
160	160	(1) authorize only the judges of the county courts,
161	161	statutory county courts, and district courts trying criminal cases
162	162	in the county, or the judges' designee, to appoint counsel for
163	163	indigent defendants in the county;
164	164	(2) apply to each appointment of counsel made by a
165	165	judge or the judges' designee in the county;
166	166	(3) ensure that each indigent defendant in the county
167	167	who is charged with a misdemeanor punishable by confinement or with
168	168	a felony and who appears in court without counsel has an opportunity
169	169	to confer with appointed counsel before the commencement of
170	170	judicial proceedings;
171	171	(4) [require appointments for defendants in capital
172	172	cases in which the death penalty is sought to comply with any
173	173	applicable requirements under Articles 11.071 and 26.052;
174	174	[(5)] ensure that each attorney appointed from a
175	175	public appointment list to represent an indigent defendant perform
176	176	the attorney's duty owed to the defendant in accordance with the
177	177	adopted procedures, the requirements of this code, and applicable
178	178	rules of ethics; and
179	179	(5) [(6)] ensure that appointments are allocated
180	180	among qualified attorneys in a manner that is fair, neutral, and
181	181	nondiscriminatory.
182	182	(g) A countywide alternative program for appointing counsel
183	183	for indigent defendants in criminal cases is established by a
184	184	formal action in which two-thirds of the judges of the courts
185	185	designated under this subsection vote to establish the alternative
186	186	program. An alternative program for appointing counsel in
187	187	misdemeanor and felony cases may be established in the manner
188	188	provided by this subsection by the judges of the county courts,
189	189	statutory county courts, and district courts trying criminal cases
190	190	in the county. An alternative program for appointing counsel in
191	191	misdemeanor cases may be established in the manner provided by this
192	192	subsection by the judges of the county courts and statutory county
193	193	courts trying criminal cases in the county. An alternative program
194	194	for appointing counsel in felony cases may be established in the
195	195	manner provided by this subsection by the judges of the district
196	196	courts trying criminal cases in the county. In a county in which an
197	197	alternative program is established:
198	198	(1) the alternative program may:
199	199	(A) use a single method for appointing counsel or
200	200	a combination of methods; and
201	201	(B) use a multicounty appointment list using a
202	202	system of rotation; and
203	203	(2) the procedures adopted under Subsection (a) must
204	204	ensure that:
205	205	(A) attorneys appointed using the alternative
206	206	program to represent defendants in misdemeanor cases punishable by
207	207	confinement:
208	208	(i) meet specified objective
209	209	qualifications for that representation, which may be graduated
210	210	according to the degree of seriousness of the offense and whether
211	211	representation will be provided in trial court proceedings,
212	212	appellate proceedings, or both; and
213	213	(ii) are approved by a majority of the
214	214	judges of the county courts and statutory county courts trying
215	215	misdemeanor cases in the county;
216	216	(B) attorneys appointed using the alternative
217	217	program to represent defendants in felony cases:
218	218	(i) meet specified objective
219	219	qualifications for that representation, which may be graduated
220	220	according to the degree of seriousness of the offense and whether
221	221	representation will be provided in trial court proceedings,
222	222	appellate proceedings, or both; and
223	223	(ii) are approved by a majority of the
224	224	judges of the district courts trying felony cases in the county; and
225	225	(C) [appointments for defendants in capital
226	226	cases in which the death penalty is sought comply with the
227	227	requirements of Article 26.052; and
228	228	[(D)] appointments are reasonably and
229	229	impartially allocated among qualified attorneys.
230	230	SECTION 13. Article 26.05(d), Code of Criminal Procedure,
231	231	is amended to read as follows:
232	232	(d) A counsel in a criminal [noncapital] case, other than an
233	233	attorney with a public defender's office, appointed to represent a
234	234	defendant under this code shall be reimbursed for reasonable and
235	235	necessary expenses, including expenses for investigation and for
236	236	mental health and other experts. Expenses incurred with prior
237	237	court approval shall be reimbursed in the [same] manner provided
238	238	[for capital cases] by Articles 26.052(f) and (g), and expenses
239	239	incurred without prior court approval shall be reimbursed in the
240	240	manner provided [for capital cases] by Article 26.052(h).
241	241	SECTION 14. The heading to Article 26.052, Code of Criminal
242	242	Procedure, is amended to read as follows:
243	243	Art. 26.052. [APPOINTMENT OF COUNSEL IN DEATH PENALTY
244	244	CASE;] REIMBURSEMENT OF [INVESTIGATIVE] EXPENSES INCURRED BY
245	245	APPOINTED COUNSEL.
246	246	SECTION 15. Section 3, Article 31.08, Code of Criminal
247	247	Procedure, is amended to read as follows:
248	248	Sec. 3. An [Except for the review of a death sentence under
249	249	Section 2(h), Article 37.071, or under Section 2(h), Article
250	250	37.072, an] appeal taken in a cause returned to the original county
251	251	under this article must be docketed in the appellate district in
252	252	which the county of original venue is located.
253	253	SECTION 16. Article 34.01, Code of Criminal Procedure, is
254	254	amended to read as follows:
255	255	Art. 34.01. SPECIAL VENIRE. A "special venire" is a writ
256	256	issued in a capital case by order of the district court, commanding
257	257	the sheriff to summon either verbally or by mail such a number of
258	258	persons, not less than 50, as the court may order, to appear before
259	259	the court on a day named in the writ from whom the jury for the trial
260	260	of such case is to be selected. Where as many as one hundred jurors
261	261	have been summoned in such county for regular service for the week
262	262	in which such capital case is set for trial, the judge of the court
263	263	having jurisdiction of a capital case in which a motion for a
264	264	special venire has been made, shall grant or refuse such motion for
265	265	a special venire, and upon such refusal require the case to be tried
266	266	by regular jurors summoned for service in such county for the week
267	267	in which such capital case is set for trial and such additional
268	268	talesmen as may be summoned by the sheriff upon order of the court
269	269	as provided in Article 34.02 of this Code[, but the clerk of such
270	270	court shall furnish the defendant or his counsel a list of the
271	271	persons summoned as provided in Article 34.04].
272	272	SECTION 17. Article 35.15(b), Code of Criminal Procedure,
273	273	is amended to read as follows:
274	274	(b) In [non-capital] felony cases [and in capital cases in
275	275	which the State does not seek the death penalty], the State and
276	276	defendant shall each be entitled to ten peremptory challenges. If
277	277	two or more defendants are tried together each defendant shall be
278	278	entitled to six peremptory challenges and the State to six for each
279	279	defendant.
280	280	SECTION 18. Article 35.16(b), Code of Criminal Procedure,
281	281	is amended to read as follows:
282	282	(b) A challenge for cause may be made by the State for any of
283	283	the following reasons:
284	284	1. That the juror has conscientious scruples in regard
285	285	to the imposition [infliction] of a sentence of imprisonment for
286	286	life without parole [the punishment of death for crime,] in a
287	287	capital case[, where the State is seeking the death penalty];
288	288	2. That the juror [he] is related within the third
289	289	degree of consanguinity or affinity, as determined under Chapter
290	290	573, Government Code, to the defendant; and
291	291	3. That the juror [he] has a bias or prejudice against
292	292	any phase of the law upon which the State is entitled to rely for
293	293	conviction or punishment.
294	294	SECTION 19. Article 35.17, Code of Criminal Procedure, is
295	295	amended to read as follows:
296	296	Art. 35.17. VOIR DIRE EXAMINATION
297	297	[1]. When the court in its discretion so directs, [except as
298	298	provided in Section 2,] the state and defendant shall conduct the
299	299	voir dire examination of prospective jurors in the presence of the
300	300	entire panel.
301	301	[2. In a capital felony case in which the State seeks the
302	302	death penalty, the court shall propound to the entire panel of
303	303	prospective jurors questions concerning the principles, as
304	304	applicable to the case on trial, of reasonable doubt, burden of
305	305	proof, return of indictment by grand jury, presumption of
306	306	innocence, and opinion. Then, on demand of the State or defendant,
307	307	either is entitled to examine each juror on voir dire individually
308	308	and apart from the entire panel, and may further question the juror
309	309	on the principles propounded by the court.]
310	310	SECTION 20. Article 35.25, Code of Criminal Procedure, is
311	311	amended to read as follows:
312	312	Art. 35.25. MAKING PEREMPTORY CHALLENGE. The [In
313	313	non-capital cases and in capital cases in which the State's
314	314	attorney has announced that he will not qualify the jury for, or
315	315	seek the death penalty, the] party desiring to challenge any juror
316	316	peremptorily shall strike the name of such juror from the list
317	317	furnished the party [him] by the clerk.
318	318	SECTION 21. Article 35.26, Code of Criminal Procedure, is
319	319	amended to read as follows:
320	320	Art. 35.26. LISTS RETURNED TO CLERK. [(a)] When the
321	321	parties have made or declined to make their peremptory challenges,
322	322	they shall deliver their lists to the clerk. The [Except as
323	323	provided in Subsection (b) of this section, the] clerk shall, if the
324	324	case be in the district court, call off the first twelve names on
325	325	the lists that have not been stricken. If the case be in the county
326	326	court, the clerk [he] shall call off the first six names on the
327	327	lists that have not been stricken. Those whose names are called
328	328	shall be the jury.
329	329	[(b) In a capital case in which the state seeks the death
330	330	penalty, the court may direct that two alternate jurors be selected
331	331	and that the first fourteen names not stricken be called off by the
332	332	clerk. The last two names to be called are the alternate jurors.]
333	333	SECTION 22. Article 36.29(a), Code of Criminal Procedure,
334	334	is amended to read as follows:
335	335	(a) Not less than twelve jurors can render and return a
336	336	verdict in a felony case. It must be concurred in by each juror and
337	337	signed by the foreman. After [Except as provided in Subsection (b),
338	338	however, after] the trial of any felony case begins and a juror dies
339	339	or, as determined by the judge, becomes disabled from sitting at any
340	340	time before the charge of the court is read to the jury, the
341	341	remainder of the jury shall have the power to render the verdict;
342	342	but when the verdict shall be rendered by less than the whole
343	343	number, it shall be signed by every member of the jury concurring in
344	344	it.
345	345	SECTION 23. Section 2(b), Article 37.07, Code of Criminal
346	346	Procedure, is amended to read as follows:
347	347	(b) If [Except as provided by Article 37.071 or 37.072, if]
348	348	a finding of guilty is returned, it shall then be the responsibility
349	349	of the judge to assess the punishment applicable to the offense;
350	350	provided, however, that (1) in any criminal action where the jury
351	351	may recommend community supervision and the defendant filed his
352	352	sworn motion for community supervision before the trial began, and
353	353	(2) in other cases where the defendant so elects in writing before
354	354	the commencement of the voir dire examination of the jury panel, the
355	355	punishment shall be assessed by the same jury, except as provided in
356	356	Section 3(c) of this article and in Article 44.29. If a finding of
357	357	guilty is returned, the defendant may, with the consent of the
358	358	attorney for the state, change his election of one who assesses the
359	359	punishment.
360	360	SECTION 24. Section 1, Article 42.01, Code of Criminal
361	361	Procedure, is amended to read as follows:
362	362	Sec. 1. A judgment is the written declaration of the court
363	363	signed by the trial judge and entered of record showing the
364	364	conviction or acquittal of the defendant. The sentence served
365	365	shall be based on the information contained in the judgment. The
366	366	judgment shall reflect:
367	367	1. The title and number of the case;
368	368	2. That the case was called and the parties appeared,
369	369	naming the attorney for the state, the defendant, and the attorney
370	370	for the defendant, or, where a defendant is not represented by
371	371	counsel, that the defendant knowingly, intelligently, and
372	372	voluntarily waived the right to representation by counsel;
373	373	3. The plea or pleas of the defendant to the offense
374	374	charged;
375	375	4. Whether the case was tried before a jury or a jury
376	376	was waived;
377	377	5. The submission of the evidence, if any;
378	378	6. In cases tried before a jury that the jury was
379	379	charged by the court;
380	380	7. The verdict or verdicts of the jury or the finding
381	381	or findings of the court;
382	382	8. In the event of a conviction that the defendant is
383	383	adjudged guilty of the offense as found by the verdict of the jury
384	384	or the finding of the court, and that the defendant be punished in
385	385	accordance with the jury's verdict or the court's finding as to the
386	386	proper punishment;
387	387	9. In the event of conviction where [death or] any
388	388	punishment is assessed that the defendant be sentenced to [death,]
389	389	a term of confinement or community supervision, or to pay a fine, as
390	390	the case may be;
391	391	10. In the event of conviction where the imposition of
392	392	sentence is suspended and the defendant is placed on community
393	393	supervision, setting forth the punishment assessed, the length of
394	394	community supervision, and the conditions of community
395	395	supervision;
396	396	11. In the event of acquittal that the defendant be
397	397	discharged;
398	398	12. The county and court in which the case was tried
399	399	and, if there was a change of venue in the case, the name of the
400	400	county in which the prosecution was originated;
401	401	13. The offense or offenses for which the defendant
402	402	was convicted;
403	403	14. The date of the offense or offenses and degree of
404	404	offense for which the defendant was convicted;
405	405	15. The term of sentence;
406	406	16. The date judgment is entered;
407	407	17. The date sentence is imposed;
408	408	18. The date sentence is to commence and any credit for
409	409	time served;
410	410	19. The terms of any order entered pursuant to Article
411	411	42.08 of this code that the defendant's sentence is to run
412	412	cumulatively or concurrently with another sentence or sentences;
413	413	20. The terms of any plea bargain;
414	414	21. Affirmative findings entered pursuant to
415	415	Subdivision (2) of Subsection (a) of Section 3g of Article 42.12 of
416	416	this code;
417	417	22. The terms of any fee payment ordered under Article
418	418	42.151 of this code;
419	419	23. The defendant's thumbprint taken in accordance
420	420	with Article 38.33 of this code;
421	421	24. In the event that the judge orders the defendant to
422	422	repay a reward or part of a reward under Articles 37.073 and 42.152
423	423	of this code, a statement of the amount of the payment or payments
424	424	required to be made;
425	425	25. In the event that the court orders restitution to
426	426	be paid to the victim, a statement of the amount of restitution
427	427	ordered and:
428	428	(A) the name and address of a person or agency
429	429	that will accept and forward restitution payments to the victim; or
430	430	(B) if the court specifically elects to have
431	431	payments made directly to the crime victim, the name and permanent
432	432	address of the victim at the time of judgment;
433	433	26. In the event that a presentence investigation is
434	434	required by Section 9(a), (b), (h), or (i), Article 42.12 of this
435	435	code, a statement that the presentence investigation was done
436	436	according to the applicable provision;
437	437	27. In the event of conviction of an offense for which
438	438	registration as a sex offender is required under Chapter 62, a
439	439	statement that the registration requirement of that chapter applies
440	440	to the defendant and a statement of the age of the victim of the
441	441	offense;
442	442	28. The defendant's state identification number
443	443	required by Article [Section] 60.052(a)(2), if that number has been
444	444	assigned at the time of the judgment; and
445	445	29. The incident number required by Article [Section]
446	446	60.052(a)(4), if that number has been assigned at the time of the
447	447	judgment.
448	448	SECTION 25. Sections 1 and 3, Article 42.09, Code of
449	449	Criminal Procedure, are amended to read as follows:
450	450	Sec. 1. Except as provided in Sections 2 and 3, a defendant
451	451	shall be delivered to a jail or to the Texas Department of Criminal
452	452	Justice when his sentence is pronounced[, or his sentence to death
453	453	is announced,] by the court. The defendant's sentence begins to
454	454	run on the day it is pronounced, but with all credits, if any,
455	455	allowed by Article 42.03.
456	456	Sec. 3. If a defendant is convicted of a felony and
457	457	sentenced to [death,] life[,] or a term of more than ten years in
458	458	the Texas Department of Criminal Justice and the defendant [he]
459	459	gives notice of appeal, the defendant [he] shall be transferred to
460	460	the department on a commitment pending a mandate from the court of
461	461	appeals or the Court of Criminal Appeals.
462	462	SECTION 26. Article 44.29(b), Code of Criminal Procedure,
463	463	is amended to read as follows:
464	464	(b) If the court of appeals or the Court of Criminal Appeals
465	465	awards a new trial to a defendant [other than a defendant convicted
466	466	of an offense under Section 19.03, Penal Code,] only on the basis of
467	467	an error or errors made in the punishment stage of the trial, the
468	468	cause shall stand as it would have stood in case the new trial had
469	469	been granted by the court below, except that the court shall
470	470	commence the new trial as if a finding of guilt had been returned
471	471	and proceed to the punishment stage of the trial under Subsection
472	472	(b), Section 2, Article 37.07, of this code. If the defendant
473	473	elects, the court shall empanel a jury for the sentencing stage of
474	474	the trial in the same manner as a jury is empaneled by the court for
475	475	other trials before the court. At the new trial, the court shall
476	476	allow both the state and the defendant to introduce evidence to show
477	477	the circumstances of the offense and other evidence as permitted by
478	478	Section 3 of Article 37.07 of this code.
479	479	SECTION 27. Section 6(a), Article 49.25, Code of Criminal
480	480	Procedure, is amended to read as follows:
481	481	(a) Any medical examiner, or his duly authorized deputy,
482	482	shall be authorized, and it shall be his duty, to hold inquests with
483	483	or without a jury within his county, in the following cases:
484	484	1. When a person shall die within twenty-four hours
485	485	after admission to a hospital or institution or in prison or in
486	486	jail;
487	487	2. When any person is killed; or from any cause dies
488	488	an unnatural death[, except under sentence of the law]; or dies in
489	489	the absence of one or more good witnesses;
490	490	3. When the body or a body part of a person is found,
491	491	the cause or circumstances of death are unknown, and:
492	492	(A) the person is identified; or
493	493	(B) the person is unidentified;
494	494	4. When the circumstances of the death of any person
495	495	are such as to lead to suspicion that he came to his death by
496	496	unlawful means;
497	497	5. When any person commits suicide, or the
498	498	circumstances of his death are such as to lead to suspicion that he
499	499	committed suicide;
500	500	6. When a person dies without having been attended by a
501	501	duly licensed and practicing physician, and the local health
502	502	officer or registrar required to report the cause of death under
503	503	Section 193.005, Health and Safety Code, does not know the cause of
504	504	death. When the local health officer or registrar of vital
505	505	statistics whose duty it is to certify the cause of death does not
506	506	know the cause of death, he shall so notify the medical examiner of
507	507	the county in which the death occurred and request an inquest;
508	508	7. When the person is a child who is younger than six
509	509	years of age and the death is reported under Chapter 264, Family
510	510	Code; and
511	511	8. When a person dies who has been attended
512	512	immediately preceding his death by a duly licensed and practicing
513	513	physician or physicians, and such physician or physicians are not
514	514	certain as to the cause of death and are unable to certify with
515	515	certainty the cause of death as required by Section 193.004, Health
516	516	and Safety Code. In case of such uncertainty the attending
517	517	physician or physicians, or the superintendent or general manager
518	518	of the hospital or institution in which the deceased shall have
519	519	died, shall so report to the medical examiner of the county in which
520	520	the death occurred, and request an inquest.
521	521	SECTION 28. Article 60.052(c), Code of Criminal Procedure,
522	522	is amended to read as follows:
523	523	(c) Information in the corrections tracking system relating
524	524	to the handling of offenders must include the following information
525	525	about each imprisonment or[,] confinement[, or execution] of an
526	526	offender:
527	527	(1) the date of the imprisonment or confinement;
528	528	(2) [if the offender was sentenced to death:
529	529	[(A) the date of execution; and
530	530	[(B) if the death sentence was commuted, the
531	531	sentence to which the sentence of death was commuted and the date of
532	532	commutation;
533	533	[(3)] the date the offender was released from
534	534	imprisonment or confinement and whether the release was a discharge
535	535	or a release on parole or mandatory supervision;
536	536	(3) [(4)] if the offender is released on parole or
537	537	mandatory supervision:
538	538	(A) the offense for which the offender was
539	539	convicted by offense code and incident number;
540	540	(B) the date the offender was received by an
541	541	office of the parole division;
542	542	(C) the county in which the offender resides
543	543	while under supervision;
544	544	(D) any program in which an offender is placed or
545	545	has previously been placed and the level of supervision the
546	546	offender is placed on while under the jurisdiction of the parole
547	547	division;
548	548	(E) the date a program described by Paragraph (D)
549	549	begins, the date the program ends, and whether the program was
550	550	completed successfully;
551	551	(F) the date a level of supervision described by
552	552	Paragraph (D) begins and the date the level of supervision ends;
553	553	(G) if the offender's release status is revoked,
554	554	the reason for the revocation and the date of revocation;
555	555	(H) the expiration date of the sentence; and
556	556	(I) the date of the offender's release from the
557	557	parole division or the date on which the offender is granted
558	558	clemency; and
559	559	(4) [(5)] if the offender is released under Section
560	560	6(a), Article 42.12, the date of the offender's release.
561	561	SECTION 29. Article 64.01(c), Code of Criminal Procedure,
562	562	is amended to read as follows:
563	563	(c) A convicted person is entitled to counsel during a
564	564	proceeding under this chapter. The convicting court shall appoint
565	565	counsel for the convicted person if the person informs the court
566	566	that the person wishes to submit a motion under this chapter, the
567	567	court finds reasonable grounds for a motion to be filed, and the
568	568	court determines that the person is indigent. Counsel must be
569	569	appointed under this subsection not later than the 45th day after
570	570	the date the court finds reasonable grounds or the date the court
571	571	determines that the person is indigent, whichever is
572	572	later. Compensation of counsel is provided in the same manner as
573	573	is required by[:
574	574	[(1) Article 11.071 for the representation of a
575	575	petitioner convicted of a capital felony; and
576	576	[(2)] Chapter 26 for the representation in a habeas
577	577	corpus hearing of an indigent defendant convicted of a felony other
578	578	than a capital felony.
579	579	SECTION 30. Article 64.05, Code of Criminal Procedure, is
580	580	amended to read as follows:
581	581	Art. 64.05. APPEALS. An appeal under this chapter is to a
582	582	court of appeals in the same manner as an appeal of any other
583	583	criminal matter[, except that if the convicted person was convicted
584	584	in a capital case and was sentenced to death, the appeal is a direct
585	585	appeal to the court of criminal appeals].
586	586	SECTION 31. Section 508.145(a), Government Code, is amended
587	587	to read as follows:
588	588	(a) An inmate [under sentence of death,] serving a sentence
589	589	of life imprisonment without parole, serving a sentence for an
590	590	offense under Section 21.02, Penal Code, or serving a sentence for
591	591	an offense under Section 22.021, Penal Code, that is punishable
592	592	under Subsection (f) of that section is not eligible for release on
593	593	parole.
594	594	SECTION 32. Sections 508.146(a) and (f), Government Code,
595	595	are amended to read as follows:
596	596	(a) An inmate other than an inmate who is serving a sentence
597	597	of [death or] life without parole may be released on medically
598	598	recommended intensive supervision on a date designated by a parole
599	599	panel described by Subsection (e), except that an inmate with an
600	600	instant offense that is an offense described in Section 3g, Article
601	601	42.12, Code of Criminal Procedure, or an inmate who has a reportable
602	602	conviction or adjudication under Chapter 62, Code of Criminal
603	603	Procedure, may only be considered if a medical condition of
604	604	terminal illness or long-term care has been diagnosed by a
605	605	physician, if:
606	606	(1) the Texas Correctional Office on Offenders with
607	607	Medical or Mental Impairments, in cooperation with the Correctional
608	608	Managed Health Care Committee, identifies the inmate as being:
609	609	(A) elderly, physically disabled, mentally ill,
610	610	terminally ill, or mentally retarded or having a condition
611	611	requiring long-term care, if the inmate is an inmate with an instant
612	612	offense that is described in Section 3g, Article 42.12, Code of
613	613	Criminal Procedure; or
614	614	(B) in a persistent vegetative state or being a
615	615	person with an organic brain syndrome with significant to total
616	616	mobility impairment, if the inmate is an inmate who has a reportable
617	617	conviction or adjudication under Chapter 62, Code of Criminal
618	618	Procedure;
619	619	(2) the parole panel determines that, based on the
620	620	inmate's condition and a medical evaluation, the inmate does not
621	621	constitute a threat to public safety; and
622	622	(3) the Texas Correctional Office on Offenders with
623	623	Medical or Mental Impairments, in cooperation with the pardons and
624	624	paroles division, has prepared for the inmate a medically
625	625	recommended intensive supervision plan that requires the inmate to
626	626	submit to electronic monitoring, places the inmate on
627	627	super-intensive supervision, or otherwise ensures appropriate
628	628	supervision of the inmate.
629	629	(f) An inmate who is not a citizen of the United States, as
630	630	defined by federal law, who is not under a sentence of [death or]
631	631	life without parole, and who does not have a reportable conviction
632	632	or adjudication under Chapter 62, Code of Criminal Procedure, or an
633	633	instant offense described in Section 3g, Article 42.12, Code of
634	634	Criminal Procedure, may be released to immigration authorities
635	635	pending deportation on a date designated by a parole panel
636	636	described by Subsection (e) if the parole panel determines that on
637	637	release the inmate would be deported to another country and that the
638	638	inmate does not constitute a threat to public safety in the other
639	639	country or this country and is unlikely to reenter this country
640	640	illegally.
641	641	SECTION 33. Section 552.134(b), Government Code, is amended
642	642	to read as follows:
643	643	(b) Subsection (a) does not apply to[:
644	644	[(1)] statistical or other aggregated information
645	645	relating to inmates confined in one or more facilities operated by
646	646	or under a contract with the department[; or
647	647	[(2) information about an inmate sentenced to death].
648	648	SECTION 34. Section 557.012(b), Government Code, is
649	649	amended to read as follows:
650	650	(b) An offense under this section is punishable by[:
651	651	[(1) death; or
652	652	[(2)] confinement in the Texas Department of Criminal
653	653	Justice for:
654	654	(1) [(A)] life; or
655	655	(2) [(B)] a term of not less than two years.
656	656	SECTION 35. Section 46.03(a), Penal Code, is amended to
657	657	read as follows:
658	658	(a) A person commits an offense if the person intentionally,
659	659	knowingly, or recklessly possesses or goes with a firearm, illegal
660	660	knife, club, or prohibited weapon listed in Section 46.05(a):
661	661	(1) on the physical premises of a school or
662	662	educational institution, any grounds or building on which an
663	663	activity sponsored by a school or educational institution is being
664	664	conducted, or a passenger transportation vehicle of a school or
665	665	educational institution, whether the school or educational
666	666	institution is public or private, unless pursuant to written
667	667	regulations or written authorization of the institution;
668	668	(2) on the premises of a polling place on the day of an
669	669	election or while early voting is in progress;
670	670	(3) on the premises of any government court or offices
671	671	utilized by the court, unless pursuant to written regulations or
672	672	written authorization of the court;
673	673	(4) on the premises of a racetrack;
674	674	(5) in or into a secured area of an airport; or
675	675	(6) within 1,000 feet of premises the location of
676	676	which is designated by the Texas Department of Criminal Justice as a
677	677	place of execution [under Article 43.19, Code of Criminal
678	678	Procedure,] on a day that a sentence of death is set to be imposed on
679	679	the designated premises and the person received notice that:
680	680	(A) going within 1,000 feet of the premises with
681	681	a weapon listed under this subsection was prohibited; or
682	682	(B) possessing a weapon listed under this
683	683	subsection within 1,000 feet of the premises was prohibited.
684	684	SECTION 36. The following provisions of the Code of
685	685	Criminal Procedure are repealed:
686	686	(1) Article 11.071;
687	687	(2) Articles 26.044(a)(2) and (n);
688	688	(3) Articles 26.052(a), (b), (c), (d), (e), (i), (j),
689	689	(k), (l), (m), and (n);
690	690	(4) Article 34.04;
691	691	(5) Articles 35.13, 35.15(a), and 35.29(c);
692	692	(6) Article 36.29(b);
693	693	(7) Articles 37.071, 37.0711, and 37.072;
694	694	(8) Articles 38.43(i), (j), (k), (l), and (m);
695	695	(9) Article 42.04;
696	696	(10) Articles 43.14, 43.141, 43.15, 43.16, 43.17,
697	697	43.18, 43.19, 43.20, 43.21, 43.22, 43.23, 43.24, and 43.25;
698	698	(11) Articles 44.251, 44.2511, and 44.29(c) and (d);
699	699	and
700	700	(12) Article 46.05.
701	701	SECTION 37. The change in law made by this Act applies only
702	702	to a criminal case in which the indictment in the case is filed on or
703	703	after the effective date of this Act. A criminal case in which the
704	704	indictment was filed before the effective date of this Act is
705	705	governed by the law in effect when the indictment was filed, and the
706	706	former law is continued in effect for that purpose.
707	707	SECTION 38. This Act takes effect September 1, 2015.