| 1 | 1 | | 84R129 GCB-D |
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| 2 | 2 | | By: Price H.B. No. 196 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to consideration of certain mitigating evidence at the |
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| 8 | 8 | | sentencing proceeding of a defendant or the disposition hearing of |
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| 9 | 9 | | a child. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 42, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Article 42.021 to read as follows: |
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| 13 | 13 | | Art. 42.021. LIMITATION ON MITIGATING EVIDENCE. |
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| 14 | 14 | | Notwithstanding any other law, at the sentencing proceeding of a |
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| 15 | 15 | | defendant the trier of fact may not consider any evidence offered to |
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| 16 | 16 | | establish that the defendant did not understand the consequences of |
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| 17 | 17 | | the defendant's actions because the defendant was raised in a |
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| 18 | 18 | | household that was overly permissive due to affluent circumstances. |
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| 19 | 19 | | SECTION 2. Chapter 54, Family Code, is amended by adding |
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| 20 | 20 | | Section 54.0403 to read as follows: |
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| 21 | 21 | | Sec. 54.0403. LIMITATION ON MITIGATING EVIDENCE. |
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| 22 | 22 | | Notwithstanding any other law, at a disposition hearing held under |
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| 23 | 23 | | Section 54.04 the trier of fact may not consider any evidence |
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| 24 | 24 | | offered to establish that the defendant did not understand the |
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| 25 | 25 | | consequences of the defendant's actions because the defendant was |
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| 26 | 26 | | raised in a household that was overly permissive due to affluent |
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| 27 | 27 | | circumstances. |
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| 28 | 28 | | SECTION 3. Article 42.021, Code of Criminal Procedure, as |
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| 29 | 29 | | added by this Act, applies only to a sentencing proceeding that |
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| 30 | 30 | | commences on or after the effective date of this Act, regardless of |
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| 31 | 31 | | whether the applicable offense occurred before, on, or after the |
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| 32 | 32 | | effective date of this Act. |
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| 33 | 33 | | SECTION 4. Section 54.0403, Family Code, as added by this |
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| 34 | 34 | | Act, applies to a disposition hearing that commences on or after the |
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| 35 | 35 | | effective date of this Act, regardless of whether the applicable |
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| 36 | 36 | | delinquent conduct occurred before, on, or after the effective date |
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| 37 | 37 | | of this Act. |
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| 38 | 38 | | SECTION 5. This Act takes effect September 1, 2015. |
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