Texas 2015 - 84th Regular

Texas Senate Bill SB1661 Compare Versions

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

Old	New	Differences
1	1	84R7697 MEW-D
2	2	By: Lucio S.B. No. 1661
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. Articles 26.05(a) and (d), Code of Criminal
231	231	Procedure, are amended to read as follows:
232	232	(a) A counsel, other than an attorney with a public
233	233	defender's office [or an attorney employed by the office of capital
234	234	writs], appointed to represent a defendant in a criminal
235	235	proceeding, including a habeas corpus hearing, shall be paid a
236	236	reasonable attorney's fee for performing the following services,
237	237	based on the time and labor required, the complexity of the case,
238	238	and the experience and ability of the appointed counsel:
239	239	(1) time spent in court making an appearance on behalf
240	240	of the defendant as evidenced by a docket entry, time spent in
241	241	trial, and time spent in a proceeding in which sworn oral testimony
242	242	is elicited;
243	243	(2) reasonable and necessary time spent out of court
244	244	on the case, supported by any documentation that the court
245	245	requires;
246	246	(3) preparation of an appellate brief and preparation
247	247	and presentation of oral argument to a court of appeals or the Court
248	248	of Criminal Appeals; and
249	249	(4) preparation of a motion for rehearing.
250	250	(d) A counsel in a criminal [noncapital] case, other than an
251	251	attorney with a public defender's office, appointed to represent a
252	252	defendant under this code shall be reimbursed for reasonable and
253	253	necessary expenses, including expenses for investigation and for
254	254	mental health and other experts. Expenses incurred with prior
255	255	court approval shall be reimbursed in the [same] manner provided
256	256	[for capital cases] by Articles 26.052(f) and (g), and expenses
257	257	incurred without prior court approval shall be reimbursed in the
258	258	manner provided [for capital cases] by Article 26.052(h).
259	259	SECTION 14. The heading to Article 26.052, Code of Criminal
260	260	Procedure, is amended to read as follows:
261	261	Art. 26.052. [APPOINTMENT OF COUNSEL IN DEATH PENALTY
262	262	CASE;] REIMBURSEMENT OF [INVESTIGATIVE] EXPENSES INCURRED BY
263	263	APPOINTED COUNSEL.
264	264	SECTION 15. Section 3, Article 31.08, Code of Criminal
265	265	Procedure, is amended to read as follows:
266	266	Sec. 3. An [Except for the review of a death sentence under
267	267	Section 2(h), Article 37.071, or under Section 2(h), Article
268	268	37.072, an] appeal taken in a cause returned to the original county
269	269	under this article must be docketed in the appellate district in
270	270	which the county of original venue is located.
271	271	SECTION 16. Article 34.01, Code of Criminal Procedure, is
272	272	amended to read as follows:
273	273	Art. 34.01. SPECIAL VENIRE. A "special venire" is a writ
274	274	issued in a capital case by order of the district court, commanding
275	275	the sheriff to summon either verbally or by mail such a number of
276	276	persons, not less than 50, as the court may order, to appear before
277	277	the court on a day named in the writ from whom the jury for the trial
278	278	of such case is to be selected. Where as many as one hundred jurors
279	279	have been summoned in such county for regular service for the week
280	280	in which such capital case is set for trial, the judge of the court
281	281	having jurisdiction of a capital case in which a motion for a
282	282	special venire has been made, shall grant or refuse such motion for
283	283	a special venire, and upon such refusal require the case to be tried
284	284	by regular jurors summoned for service in such county for the week
285	285	in which such capital case is set for trial and such additional
286	286	talesmen as may be summoned by the sheriff upon order of the court
287	287	as provided in Article 34.02 of this Code[, but the clerk of such
288	288	court shall furnish the defendant or his counsel a list of the
289	289	persons summoned as provided in Article 34.04].
290	290	SECTION 17. Article 35.15(b), Code of Criminal Procedure,
291	291	is amended to read as follows:
292	292	(b) In [non-capital] felony cases [and in capital cases in
293	293	which the State does not seek the death penalty], the State and
294	294	defendant shall each be entitled to ten peremptory challenges. If
295	295	two or more defendants are tried together each defendant shall be
296	296	entitled to six peremptory challenges and the State to six for each
297	297	defendant.
298	298	SECTION 18. Article 35.16(b), Code of Criminal Procedure,
299	299	is amended to read as follows:
300	300	(b) A challenge for cause may be made by the State for any of
301	301	the following reasons:
302	302	1. That the juror has conscientious scruples in regard
303	303	to the imposition [infliction] of a sentence of imprisonment for
304	304	life without parole [the punishment of death for crime,] in a
305	305	capital case[, where the State is seeking the death penalty];
306	306	2. That the juror [he] is related within the third
307	307	degree of consanguinity or affinity, as determined under Chapter
308	308	573, Government Code, to the defendant; and
309	309	3. That the juror [he] has a bias or prejudice against
310	310	any phase of the law upon which the State is entitled to rely for
311	311	conviction or punishment.
312	312	SECTION 19. Article 35.17, Code of Criminal Procedure, is
313	313	amended to read as follows:
314	314	Art. 35.17. VOIR DIRE EXAMINATION
315	315	[1]. When the court in its discretion so directs, [except as
316	316	provided in Section 2,] the state and defendant shall conduct the
317	317	voir dire examination of prospective jurors in the presence of the
318	318	entire panel.
319	319	[2. In a capital felony case in which the State seeks the
320	320	death penalty, the court shall propound to the entire panel of
321	321	prospective jurors questions concerning the principles, as
322	322	applicable to the case on trial, of reasonable doubt, burden of
323	323	proof, return of indictment by grand jury, presumption of
324	324	innocence, and opinion. Then, on demand of the State or defendant,
325	325	either is entitled to examine each juror on voir dire individually
326	326	and apart from the entire panel, and may further question the juror
327	327	on the principles propounded by the court.]
328	328	SECTION 20. Article 35.25, Code of Criminal Procedure, is
329	329	amended to read as follows:
330	330	Art. 35.25. MAKING PEREMPTORY CHALLENGE. The [In
331	331	non-capital cases and in capital cases in which the State's
332	332	attorney has announced that he will not qualify the jury for, or
333	333	seek the death penalty, the] party desiring to challenge any juror
334	334	peremptorily shall strike the name of such juror from the list
335	335	furnished the party [him] by the clerk.
336	336	SECTION 21. Article 35.26, Code of Criminal Procedure, is
337	337	amended to read as follows:
338	338	Art. 35.26. LISTS RETURNED TO CLERK. [(a)] When the
339	339	parties have made or declined to make their peremptory challenges,
340	340	they shall deliver their lists to the clerk. The [Except as
341	341	provided in Subsection (b) of this section, the] clerk shall, if the
342	342	case be in the district court, call off the first twelve names on
343	343	the lists that have not been stricken. If the case be in the county
344	344	court, the clerk [he] shall call off the first six names on the
345	345	lists that have not been stricken. Those whose names are called
346	346	shall be the jury.
347	347	[(b) In a capital case in which the state seeks the death
348	348	penalty, the court may direct that two alternate jurors be selected
349	349	and that the first fourteen names not stricken be called off by the
350	350	clerk. The last two names to be called are the alternate jurors.]
351	351	SECTION 22. Article 36.29(a), Code of Criminal Procedure,
352	352	is amended to read as follows:
353	353	(a) Not less than twelve jurors can render and return a
354	354	verdict in a felony case. It must be concurred in by each juror and
355	355	signed by the foreman. After [Except as provided in Subsection (b),
356	356	however, after] the trial of any felony case begins and a juror dies
357	357	or, as determined by the judge, becomes disabled from sitting at any
358	358	time before the charge of the court is read to the jury, the
359	359	remainder of the jury shall have the power to render the verdict;
360	360	but when the verdict shall be rendered by less than the whole
361	361	number, it shall be signed by every member of the jury concurring in
362	362	it.
363	363	SECTION 23. Section 2(b), Article 37.07, Code of Criminal
364	364	Procedure, is amended to read as follows:
365	365	(b) If [Except as provided by Article 37.071 or 37.072, if]
366	366	a finding of guilty is returned, it shall then be the responsibility
367	367	of the judge to assess the punishment applicable to the offense;
368	368	provided, however, that (1) in any criminal action where the jury
369	369	may recommend community supervision and the defendant filed his
370	370	sworn motion for community supervision before the trial began, and
371	371	(2) in other cases where the defendant so elects in writing before
372	372	the commencement of the voir dire examination of the jury panel, the
373	373	punishment shall be assessed by the same jury, except as provided in
374	374	Section 3(c) of this article and in Article 44.29. If a finding of
375	375	guilty is returned, the defendant may, with the consent of the
376	376	attorney for the state, change his election of one who assesses the
377	377	punishment.
378	378	SECTION 24. Section 1, Article 42.01, Code of Criminal
379	379	Procedure, is amended to read as follows:
380	380	Sec. 1. A judgment is the written declaration of the court
381	381	signed by the trial judge and entered of record showing the
382	382	conviction or acquittal of the defendant. The sentence served
383	383	shall be based on the information contained in the judgment. The
384	384	judgment shall reflect:
385	385	1. The title and number of the case;
386	386	2. That the case was called and the parties appeared,
387	387	naming the attorney for the state, the defendant, and the attorney
388	388	for the defendant, or, where a defendant is not represented by
389	389	counsel, that the defendant knowingly, intelligently, and
390	390	voluntarily waived the right to representation by counsel;
391	391	3. The plea or pleas of the defendant to the offense
392	392	charged;
393	393	4. Whether the case was tried before a jury or a jury
394	394	was waived;
395	395	5. The submission of the evidence, if any;
396	396	6. In cases tried before a jury that the jury was
397	397	charged by the court;
398	398	7. The verdict or verdicts of the jury or the finding
399	399	or findings of the court;
400	400	8. In the event of a conviction that the defendant is
401	401	adjudged guilty of the offense as found by the verdict of the jury
402	402	or the finding of the court, and that the defendant be punished in
403	403	accordance with the jury's verdict or the court's finding as to the
404	404	proper punishment;
405	405	9. In the event of conviction where [death or] any
406	406	punishment is assessed that the defendant be sentenced to [death,]
407	407	a term of confinement or community supervision, or to pay a fine, as
408	408	the case may be;
409	409	10. In the event of conviction where the imposition of
410	410	sentence is suspended and the defendant is placed on community
411	411	supervision, setting forth the punishment assessed, the length of
412	412	community supervision, and the conditions of community
413	413	supervision;
414	414	11. In the event of acquittal that the defendant be
415	415	discharged;
416	416	12. The county and court in which the case was tried
417	417	and, if there was a change of venue in the case, the name of the
418	418	county in which the prosecution was originated;
419	419	13. The offense or offenses for which the defendant
420	420	was convicted;
421	421	14. The date of the offense or offenses and degree of
422	422	offense for which the defendant was convicted;
423	423	15. The term of sentence;
424	424	16. The date judgment is entered;
425	425	17. The date sentence is imposed;
426	426	18. The date sentence is to commence and any credit for
427	427	time served;
428	428	19. The terms of any order entered pursuant to Article
429	429	42.08 of this code that the defendant's sentence is to run
430	430	cumulatively or concurrently with another sentence or sentences;
431	431	20. The terms of any plea bargain;
432	432	21. Affirmative findings entered pursuant to
433	433	Subdivision (2) of Subsection (a) of Section 3g of Article 42.12 of
434	434	this code;
435	435	22. The terms of any fee payment ordered under Article
436	436	42.151 of this code;
437	437	23. The defendant's thumbprint taken in accordance
438	438	with Article 38.33 of this code;
439	439	24. In the event that the judge orders the defendant to
440	440	repay a reward or part of a reward under Articles 37.073 and 42.152
441	441	of this code, a statement of the amount of the payment or payments
442	442	required to be made;
443	443	25. In the event that the court orders restitution to
444	444	be paid to the victim, a statement of the amount of restitution
445	445	ordered and:
446	446	(A) the name and address of a person or agency
447	447	that will accept and forward restitution payments to the victim; or
448	448	(B) if the court specifically elects to have
449	449	payments made directly to the crime victim, the name and permanent
450	450	address of the victim at the time of judgment;
451	451	26. In the event that a presentence investigation is
452	452	required by Section 9(a), (b), (h), or (i), Article 42.12 of this
453	453	code, a statement that the presentence investigation was done
454	454	according to the applicable provision;
455	455	27. In the event of conviction of an offense for which
456	456	registration as a sex offender is required under Chapter 62, a
457	457	statement that the registration requirement of that chapter applies
458	458	to the defendant and a statement of the age of the victim of the
459	459	offense;
460	460	28. The defendant's state identification number
461	461	required by Article [Section] 60.052(a)(2), if that number has been
462	462	assigned at the time of the judgment; and
463	463	29. The incident number required by Article [Section]
464	464	60.052(a)(4), if that number has been assigned at the time of the
465	465	judgment.
466	466	SECTION 25. Sections 1 and 3, Article 42.09, Code of
467	467	Criminal Procedure, are amended to read as follows:
468	468	Sec. 1. Except as provided in Sections 2 and 3, a defendant
469	469	shall be delivered to a jail or to the Texas Department of Criminal
470	470	Justice when his sentence is pronounced[, or his sentence to death
471	471	is announced,] by the court. The defendant's sentence begins to
472	472	run on the day it is pronounced, but with all credits, if any,
473	473	allowed by Article 42.03.
474	474	Sec. 3. If a defendant is convicted of a felony and
475	475	sentenced to [death,] life[,] or a term of more than ten years in
476	476	the Texas Department of Criminal Justice and the defendant [he]
477	477	gives notice of appeal, the defendant [he] shall be transferred to
478	478	the department on a commitment pending a mandate from the court of
479	479	appeals or the Court of Criminal Appeals.
480	480	SECTION 26. Article 44.251(a), Code of Criminal Procedure,
481	481	is amended to read as follows:
482	482	(a) Subject to Article 44.2511, the [The] court of criminal
483	483	appeals shall reform a sentence of death to a sentence of
484	484	confinement in the Texas Department of Criminal Justice for life
485	485	without parole [if the court finds that there is legally
486	486	insufficient evidence to support an affirmative answer to an issue
487	487	submitted to the jury under Section 2(b), Article 37.071, or
488	488	Section 2(b), Article 37.072].
489	489	SECTION 27. Articles 44.2511(a) and (b), Code of Criminal
490	490	Procedure, are amended to read as follows:
491	491	(a) This article applies to the reformation of a sentence of
492	492	death in a capital case for an offense committed before September 1,
493	493	1991. For purposes of this subsection, an offense is committed
494	494	before September 1, 1991, if every element of the offense occurred
495	495	before that date.
496	496	(b) The court of criminal appeals shall reform a sentence of
497	497	death to a sentence of confinement in the Texas Department of
498	498	Criminal Justice for life [if the court finds that there is legally
499	499	insufficient evidence to support an affirmative answer to an issue
500	500	submitted to the jury under Section 3(b), Article 37.0711].
501	501	SECTION 28. Article 44.29(b), Code of Criminal Procedure,
502	502	is amended to read as follows:
503	503	(b) If the court of appeals or the Court of Criminal Appeals
504	504	awards a new trial to a defendant [other than a defendant convicted
505	505	of an offense under Section 19.03, Penal Code,] only on the basis of
506	506	an error or errors made in the punishment stage of the trial, the
507	507	cause shall stand as it would have stood in case the new trial had
508	508	been granted by the court below, except that the court shall
509	509	commence the new trial as if a finding of guilt had been returned
510	510	and proceed to the punishment stage of the trial under Subsection
511	511	(b), Section 2, Article 37.07, of this code. If the defendant
512	512	elects, the court shall empanel a jury for the sentencing stage of
513	513	the trial in the same manner as a jury is empaneled by the court for
514	514	other trials before the court. At the new trial, the court shall
515	515	allow both the state and the defendant to introduce evidence to show
516	516	the circumstances of the offense and other evidence as permitted by
517	517	Section 3 of Article 37.07 of this code.
518	518	SECTION 29. Section 6(a), Article 49.25, Code of Criminal
519	519	Procedure, is amended to read as follows:
520	520	(a) Any medical examiner, or his duly authorized deputy,
521	521	shall be authorized, and it shall be his duty, to hold inquests with
522	522	or without a jury within his county, in the following cases:
523	523	1. When a person shall die within twenty-four hours
524	524	after admission to a hospital or institution or in prison or in
525	525	jail;
526	526	2. When any person is killed; or from any cause dies
527	527	an unnatural death[, except under sentence of the law]; or dies in
528	528	the absence of one or more good witnesses;
529	529	3. When the body or a body part of a person is found,
530	530	the cause or circumstances of death are unknown, and:
531	531	(A) the person is identified; or
532	532	(B) the person is unidentified;
533	533	4. When the circumstances of the death of any person
534	534	are such as to lead to suspicion that he came to his death by
535	535	unlawful means;
536	536	5. When any person commits suicide, or the
537	537	circumstances of his death are such as to lead to suspicion that he
538	538	committed suicide;
539	539	6. When a person dies without having been attended by a
540	540	duly licensed and practicing physician, and the local health
541	541	officer or registrar required to report the cause of death under
542	542	Section 193.005, Health and Safety Code, does not know the cause of
543	543	death. When the local health officer or registrar of vital
544	544	statistics whose duty it is to certify the cause of death does not
545	545	know the cause of death, he shall so notify the medical examiner of
546	546	the county in which the death occurred and request an inquest;
547	547	7. When the person is a child who is younger than six
548	548	years of age and the death is reported under Chapter 264, Family
549	549	Code; and
550	550	8. When a person dies who has been attended
551	551	immediately preceding his death by a duly licensed and practicing
552	552	physician or physicians, and such physician or physicians are not
553	553	certain as to the cause of death and are unable to certify with
554	554	certainty the cause of death as required by Section 193.004, Health
555	555	and Safety Code. In case of such uncertainty the attending
556	556	physician or physicians, or the superintendent or general manager
557	557	of the hospital or institution in which the deceased shall have
558	558	died, shall so report to the medical examiner of the county in which
559	559	the death occurred, and request an inquest.
560	560	SECTION 30. Article 60.052(c), Code of Criminal Procedure,
561	561	is amended to read as follows:
562	562	(c) Information in the corrections tracking system relating
563	563	to the handling of offenders must include the following information
564	564	about each imprisonment or[,] confinement[, or execution] of an
565	565	offender:
566	566	(1) the date of the imprisonment or confinement;
567	567	(2) [if the offender was sentenced to death:
568	568	[(A) the date of execution; and
569	569	[(B) if the death sentence was commuted, the
570	570	sentence to which the sentence of death was commuted and the date of
571	571	commutation;
572	572	[(3)] the date the offender was released from
573	573	imprisonment or confinement and whether the release was a discharge
574	574	or a release on parole or mandatory supervision;
575	575	(3) [(4)] if the offender is released on parole or
576	576	mandatory supervision:
577	577	(A) the offense for which the offender was
578	578	convicted by offense code and incident number;
579	579	(B) the date the offender was received by an
580	580	office of the parole division;
581	581	(C) the county in which the offender resides
582	582	while under supervision;
583	583	(D) any program in which an offender is placed or
584	584	has previously been placed and the level of supervision the
585	585	offender is placed on while under the jurisdiction of the parole
586	586	division;
587	587	(E) the date a program described by Paragraph (D)
588	588	begins, the date the program ends, and whether the program was
589	589	completed successfully;
590	590	(F) the date a level of supervision described by
591	591	Paragraph (D) begins and the date the level of supervision ends;
592	592	(G) if the offender's release status is revoked,
593	593	the reason for the revocation and the date of revocation;
594	594	(H) the expiration date of the sentence; and
595	595	(I) the date of the offender's release from the
596	596	parole division or the date on which the offender is granted
597	597	clemency; and
598	598	(4) [(5)] if the offender is released under Section
599	599	6(a), Article 42.12, the date of the offender's release.
600	600	SECTION 31. Article 64.01(c), Code of Criminal Procedure,
601	601	is amended to read as follows:
602	602	(c) A convicted person is entitled to counsel during a
603	603	proceeding under this chapter. The convicting court shall appoint
604	604	counsel for the convicted person if the person informs the court
605	605	that the person wishes to submit a motion under this chapter, the
606	606	court finds reasonable grounds for a motion to be filed, and the
607	607	court determines that the person is indigent. Counsel must be
608	608	appointed under this subsection not later than the 45th day after
609	609	the date the court finds reasonable grounds or the date the court
610	610	determines that the person is indigent, whichever is
611	611	later. Compensation of counsel is provided in the same manner as
612	612	is required by[:
613	613	[(1) Article 11.071 for the representation of a
614	614	petitioner convicted of a capital felony; and
615	615	[(2)] Chapter 26 for the representation in a habeas
616	616	corpus hearing of an indigent defendant convicted of a felony other
617	617	than a capital felony.
618	618	SECTION 32. Article 64.05, Code of Criminal Procedure, is
619	619	amended to read as follows:
620	620	Art. 64.05. APPEALS. An appeal under this chapter is to a
621	621	court of appeals in the same manner as an appeal of any other
622	622	criminal matter[, except that if the convicted person was convicted
623	623	in a capital case and was sentenced to death, the appeal is a direct
624	624	appeal to the court of criminal appeals].
625	625	SECTION 33. Section 79.031, Government Code, is amended to
626	626	read as follows:
627	627	Sec. 79.031. FAIR DEFENSE ACCOUNT. The fair defense
628	628	account is an account in the general revenue fund that may be
629	629	appropriated only to[:
630	630	[(1)] the commission for the purpose of implementing
631	631	this chapter[; and
632	632	[(2) the office of capital writs for the purpose of
633	633	implementing Subchapter B, Chapter 78].
634	634	SECTION 34. Section 411.088(a-1), Government Code, is
635	635	amended to read as follows:
636	636	(a-1) The department may not charge a fee under Subsection
637	637	(a) for providing criminal history record information to:
638	638	(1) a criminal justice agency;
639	639	[(2) the office of capital writs;] or
640	640	(2) [(3)] a public defender's office.
641	641	SECTION 35. Section 411.1272, Government Code, is amended
642	642	to read as follows:
643	643	Sec. 411.1272. ACCESS TO CRIMINAL HISTORY RECORD
644	644	INFORMATION: [OFFICE OF CAPITAL WRITS AND] PUBLIC DEFENDER'S
645	645	OFFICES. A [The office of capital writs and a] public defender's
646	646	office is [are] entitled to obtain from the department criminal
647	647	history record information maintained by the department that
648	648	relates to a criminal case in which an attorney compensated [by the
649	649	office of capital writs or] by the public defender's office has been
650	650	appointed.
651	651	SECTION 36. Section 508.145(a), Government Code, is amended
652	652	to read as follows:
653	653	(a) An inmate [under sentence of death,] serving a sentence
654	654	of life imprisonment without parole, serving a sentence for an
655	655	offense under Section 21.02, Penal Code, or serving a sentence for
656	656	an offense under Section 22.021, Penal Code, that is punishable
657	657	under Subsection (f) of that section is not eligible for release on
658	658	parole.
659	659	SECTION 37. Sections 508.146(a) and (f), Government Code,
660	660	are amended to read as follows:
661	661	(a) An inmate other than an inmate who is serving a sentence
662	662	of [death or] life without parole may be released on medically
663	663	recommended intensive supervision on a date designated by a parole
664	664	panel described by Subsection (e), except that an inmate with an
665	665	instant offense that is an offense described in Section 3g, Article
666	666	42.12, Code of Criminal Procedure, or an inmate who has a reportable
667	667	conviction or adjudication under Chapter 62, Code of Criminal
668	668	Procedure, may only be considered if a medical condition of
669	669	terminal illness or long-term care has been diagnosed by a
670	670	physician, if:
671	671	(1) the Texas Correctional Office on Offenders with
672	672	Medical or Mental Impairments, in cooperation with the Correctional
673	673	Managed Health Care Committee, identifies the inmate as being:
674	674	(A) elderly, physically disabled, mentally ill,
675	675	terminally ill, or mentally retarded or having a condition
676	676	requiring long-term care, if the inmate is an inmate with an instant
677	677	offense that is described in Section 3g, Article 42.12, Code of
678	678	Criminal Procedure; or
679	679	(B) in a persistent vegetative state or being a
680	680	person with an organic brain syndrome with significant to total
681	681	mobility impairment, if the inmate is an inmate who has a reportable
682	682	conviction or adjudication under Chapter 62, Code of Criminal
683	683	Procedure;
684	684	(2) the parole panel determines that, based on the
685	685	inmate's condition and a medical evaluation, the inmate does not
686	686	constitute a threat to public safety; and
687	687	(3) the Texas Correctional Office on Offenders with
688	688	Medical or Mental Impairments, in cooperation with the pardons and
689	689	paroles division, has prepared for the inmate a medically
690	690	recommended intensive supervision plan that requires the inmate to
691	691	submit to electronic monitoring, places the inmate on
692	692	super-intensive supervision, or otherwise ensures appropriate
693	693	supervision of the inmate.
694	694	(f) An inmate who is not a citizen of the United States, as
695	695	defined by federal law, who is not under a sentence of [death or]
696	696	life without parole, and who does not have a reportable conviction
697	697	or adjudication under Chapter 62, Code of Criminal Procedure, or an
698	698	instant offense described in Section 3g, Article 42.12, Code of
699	699	Criminal Procedure, may be released to immigration authorities
700	700	pending deportation on a date designated by a parole panel
701	701	described by Subsection (e) if the parole panel determines that on
702	702	release the inmate would be deported to another country and that the
703	703	inmate does not constitute a threat to public safety in the other
704	704	country or this country and is unlikely to reenter this country
705	705	illegally.
706	706	SECTION 38. Section 552.134(b), Government Code, is amended
707	707	to read as follows:
708	708	(b) Subsection (a) does not apply to[:
709	709	[(1)] statistical or other aggregated information
710	710	relating to inmates confined in one or more facilities operated by
711	711	or under a contract with the department[; or
712	712	[(2) information about an inmate sentenced to death].
713	713	SECTION 39. Section 557.012(b), Government Code, is
714	714	amended to read as follows:
715	715	(b) An offense under this section is punishable by[:
716	716	[(1) death; or
717	717	[(2)] confinement in the Texas Department of Criminal
718	718	Justice for:
719	719	(1) [(A)] life; or
720	720	(2) [(B)] a term of not less than two years.
721	721	SECTION 40. Section 46.03(a), Penal Code, is amended to
722	722	read as follows:
723	723	(a) A person commits an offense if the person intentionally,
724	724	knowingly, or recklessly possesses or goes with a firearm, illegal
725	725	knife, club, or prohibited weapon listed in Section 46.05(a):
726	726	(1) on the physical premises of a school or
727	727	educational institution, any grounds or building on which an
728	728	activity sponsored by a school or educational institution is being
729	729	conducted, or a passenger transportation vehicle of a school or
730	730	educational institution, whether the school or educational
731	731	institution is public or private, unless pursuant to written
732	732	regulations or written authorization of the institution;
733	733	(2) on the premises of a polling place on the day of an
734	734	election or while early voting is in progress;
735	735	(3) on the premises of any government court or offices
736	736	utilized by the court, unless pursuant to written regulations or
737	737	written authorization of the court;
738	738	(4) on the premises of a racetrack; or
739	739	(5) in or into a secured area of an airport[; or
740	740	[(6) within 1,000 feet of premises the location of
741	741	which is designated by the Texas Department of Criminal Justice as a
742	742	place of execution under Article 43.19, Code of Criminal Procedure,
743	743	on a day that a sentence of death is set to be imposed on the
744	744	designated premises and the person received notice that:
745	745	[(A) going within 1,000 feet of the premises with
746	746	a weapon listed under this subsection was prohibited; or
747	747	[(B) possessing a weapon listed under this
748	748	subsection within 1,000 feet of the premises was prohibited].
749	749	SECTION 41. (a) The following provisions of the Code of
750	750	Criminal Procedure are repealed:
751	751	(1) Article 11.071;
752	752	(2) Articles 26.044(a)(2) and (n);
753	753	(3) Articles 26.052(a), (b), (c), (d), (e), (i), (j),
754	754	(k), (l), (m), and (n);
755	755	(4) Article 34.04;
756	756	(5) Articles 35.13, 35.15(a), and 35.29(c);
757	757	(6) Article 36.29(b);
758	758	(7) Articles 37.071, 37.0711, and 37.072;
759	759	(8) Articles 38.43(i), (j), (k), (l), and (m);
760	760	(9) Article 42.04;
761	761	(10) Articles 43.14, 43.141, 43.15, 43.16, 43.17,
762	762	43.18, 43.19, 43.20, 43.21, 43.22, 43.23, 43.24, and 43.25;
763	763	(11) Articles 44.251(b), (c), and (d), 44.2511(c) and
764	764	(d), and 44.29(c) and (d); and
765	765	(12) Article 46.05.
766	766	(b) The following provisions of the Government Code are
767	767	repealed:
768	768	(1) Chapter 78;
769	769	(2) Section 79.001(12); and
770	770	(3) Section 411.082(5).
771	771	(c) Section 46.15(f), Penal Code, is repealed.
772	772	SECTION 42. The change in law made by this Act applies only
773	773	to a criminal case in which the indictment in the case is filed
774	774	before, on, or after the effective date of this Act.
775	775	SECTION 43. This Act takes effect immediately if it
776	776	receives a vote of two-thirds of all the members elected to each
777	777	house, as provided by Section 39, Article III, Texas Constitution.
778	778	If this Act does not receive the vote necessary for immediate
779	779	effect, this Act takes effect September 1, 2015.