Texas 2017 - 85th Regular

Texas House Bill HB64 Compare Versions

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

Old	New	Differences
1	1	85R142 MEW-D
2	2	By: Dutton H.B. No. 64
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 who is employed by the office of
234	234	capital and forensic writs established under Subchapter B, Chapter
235	235	78, Government Code, appointed to represent a defendant in a
236	236	criminal proceeding, including a habeas corpus hearing, shall be
237	237	paid a reasonable attorney's fee for performing the following
238	238	services, based on the time and labor required, the complexity of
239	239	the case, and the experience and ability of the appointed counsel:
240	240	(1) time spent in court making an appearance on behalf
241	241	of the defendant as evidenced by a docket entry, time spent in
242	242	trial, and time spent in a proceeding in which sworn oral testimony
243	243	is elicited;
244	244	(2) reasonable and necessary time spent out of court
245	245	on the case, supported by any documentation that the court
246	246	requires;
247	247	(3) preparation of an appellate brief and preparation
248	248	and presentation of oral argument to a court of appeals or the Court
249	249	of Criminal Appeals; and
250	250	(4) preparation of a motion for rehearing.
251	251	(d) A counsel in a criminal [noncapital] case, other than an
252	252	attorney with a public defender's office, appointed to represent a
253	253	defendant under this code shall be reimbursed for reasonable and
254	254	necessary expenses, including expenses for investigation and for
255	255	mental health and other experts. Expenses incurred with prior
256	256	court approval shall be reimbursed in the [same] manner provided
257	257	[for capital cases] by Articles 26.052(f) and (g), and expenses
258	258	incurred without prior court approval shall be reimbursed in the
259	259	manner provided [for capital cases] by Article 26.052(h).
260	260	SECTION 14. The heading to Article 26.052, Code of Criminal
261	261	Procedure, is amended to read as follows:
262	262	Art. 26.052. [APPOINTMENT OF COUNSEL IN DEATH PENALTY
263	263	CASE;] REIMBURSEMENT OF [INVESTIGATIVE] EXPENSES INCURRED BY
264	264	APPOINTED COUNSEL.
265	265	SECTION 15. Section 3, Article 31.08, Code of Criminal
266	266	Procedure, is amended to read as follows:
267	267	Sec. 3. An [Except for the review of a death sentence under
268	268	Section 2(h), Article 37.071, or under Section 2(h), Article
269	269	37.072, an] appeal taken in a cause returned to the original county
270	270	under this article must be docketed in the appellate district in
271	271	which the county of original venue is located.
272	272	SECTION 16. Article 34.01, Code of Criminal Procedure, is
273	273	amended to read as follows:
274	274	Art. 34.01. SPECIAL VENIRE. A "special venire" is a writ
275	275	issued in a capital case by order of the district court, commanding
276	276	the sheriff to summon either verbally or by mail such a number of
277	277	persons, not less than 50, as the court may order, to appear before
278	278	the court on a day named in the writ from whom the jury for the trial
279	279	of such case is to be selected. Where as many as one hundred jurors
280	280	have been summoned in such county for regular service for the week
281	281	in which such capital case is set for trial, the judge of the court
282	282	having jurisdiction of a capital case in which a motion for a
283	283	special venire has been made, shall grant or refuse such motion for
284	284	a special venire, and upon such refusal require the case to be tried
285	285	by regular jurors summoned for service in such county for the week
286	286	in which such capital case is set for trial and such additional
287	287	talesmen as may be summoned by the sheriff upon order of the court
288	288	as provided in Article 34.02 of this Code[, but the clerk of such
289	289	court shall furnish the defendant or his counsel a list of the
290	290	persons summoned as provided in Article 34.04].
291	291	SECTION 17. Article 35.15(b), Code of Criminal Procedure,
292	292	is amended to read as follows:
293	293	(b) In [non-capital] felony cases [and in capital cases in
294	294	which the State does not seek the death penalty], the State and
295	295	defendant shall each be entitled to ten peremptory challenges. If
296	296	two or more defendants are tried together each defendant shall be
297	297	entitled to six peremptory challenges and the State to six for each
298	298	defendant.
299	299	SECTION 18. Article 35.16(b), Code of Criminal Procedure,
300	300	is amended to read as follows:
301	301	(b) A challenge for cause may be made by the State for any of
302	302	the following reasons:
303	303	1. That the juror has conscientious scruples in regard
304	304	to the imposition [infliction] of a sentence of imprisonment for
305	305	life without parole [the punishment of death for crime,] in a
306	306	capital case[, where the State is seeking the death penalty];
307	307	2. That the juror [he] is related within the third
308	308	degree of consanguinity or affinity, as determined under Chapter
309	309	573, Government Code, to the defendant; and
310	310	3. That the juror [he] has a bias or prejudice against
311	311	any phase of the law upon which the State is entitled to rely for
312	312	conviction or punishment.
313	313	SECTION 19. Article 35.17, Code of Criminal Procedure, is
314	314	amended to read as follows:
315	315	Art. 35.17. VOIR DIRE EXAMINATION
316	316	[1]. When the court in its discretion so directs, [except as
317	317	provided in Section 2,] the state and defendant shall conduct the
318	318	voir dire examination of prospective jurors in the presence of the
319	319	entire panel.
320	320	[2. In a capital felony case in which the State seeks the
321	321	death penalty, the court shall propound to the entire panel of
322	322	prospective jurors questions concerning the principles, as
323	323	applicable to the case on trial, of reasonable doubt, burden of
324	324	proof, return of indictment by grand jury, presumption of
325	325	innocence, and opinion. Then, on demand of the State or defendant,
326	326	either is entitled to examine each juror on voir dire individually
327	327	and apart from the entire panel, and may further question the juror
328	328	on the principles propounded by the court.]
329	329	SECTION 20. Article 35.25, Code of Criminal Procedure, is
330	330	amended to read as follows:
331	331	Art. 35.25. MAKING PEREMPTORY CHALLENGE. The [In
332	332	non-capital cases and in capital cases in which the State's
333	333	attorney has announced that he will not qualify the jury for, or
334	334	seek the death penalty, the] party desiring to challenge any juror
335	335	peremptorily shall strike the name of such juror from the list
336	336	furnished the party [him] by the clerk.
337	337	SECTION 21. Article 35.26, Code of Criminal Procedure, is
338	338	amended to read as follows:
339	339	Art. 35.26. LISTS RETURNED TO CLERK. [(a)] When the
340	340	parties have made or declined to make their peremptory challenges,
341	341	they shall deliver their lists to the clerk. The [Except as
342	342	provided in Subsection (b) of this section, the] clerk shall, if the
343	343	case be in the district court, call off the first twelve names on
344	344	the lists that have not been stricken. If the case be in the county
345	345	court, the clerk [he] shall call off the first six names on the
346	346	lists that have not been stricken. Those whose names are called
347	347	shall be the jury.
348	348	[(b) In a capital case in which the state seeks the death
349	349	penalty, the court may direct that two alternate jurors be selected
350	350	and that the first fourteen names not stricken be called off by the
351	351	clerk. The last two names to be called are the alternate jurors.]
352	352	SECTION 22. Article 36.29(a), Code of Criminal Procedure,
353	353	is amended to read as follows:
354	354	(a) Not less than twelve jurors can render and return a
355	355	verdict in a felony case. It must be concurred in by each juror and
356	356	signed by the foreman. After [Except as provided in Subsection (b),
357	357	however, after] the trial of any felony case begins and a juror dies
358	358	or, as determined by the judge, becomes disabled from sitting at any
359	359	time before the charge of the court is read to the jury, the
360	360	remainder of the jury shall have the power to render the verdict;
361	361	but when the verdict shall be rendered by less than the whole
362	362	number, it shall be signed by every member of the jury concurring in
363	363	it.
364	364	SECTION 23. Section 2(b), Article 37.07, Code of Criminal
365	365	Procedure, is amended to read as follows:
366	366	(b) If [Except as provided by Article 37.071 or 37.072, if]
367	367	a finding of guilty is returned, it shall then be the responsibility
368	368	of the judge to assess the punishment applicable to the offense;
369	369	provided, however, that (1) in any criminal action where the jury
370	370	may recommend community supervision and the defendant filed his
371	371	sworn motion for community supervision before the trial began, and
372	372	(2) in other cases where the defendant so elects in writing before
373	373	the commencement of the voir dire examination of the jury panel, the
374	374	punishment shall be assessed by the same jury, except as provided in
375	375	Section 3(c) of this article and in Article 44.29. If a finding of
376	376	guilty is returned, the defendant may, with the consent of the
377	377	attorney for the state, change his election of one who assesses the
378	378	punishment.
379	379	SECTION 24. Section 1, Article 42.01, Code of Criminal
380	380	Procedure, is amended to read as follows:
381	381	Sec. 1. A judgment is the written declaration of the court
382	382	signed by the trial judge and entered of record showing the
383	383	conviction or acquittal of the defendant. The sentence served
384	384	shall be based on the information contained in the judgment. The
385	385	judgment shall reflect:
386	386	1. The title and number of the case;
387	387	2. That the case was called and the parties appeared,
388	388	naming the attorney for the state, the defendant, and the attorney
389	389	for the defendant, or, where a defendant is not represented by
390	390	counsel, that the defendant knowingly, intelligently, and
391	391	voluntarily waived the right to representation by counsel;
392	392	3. The plea or pleas of the defendant to the offense
393	393	charged;
394	394	4. Whether the case was tried before a jury or a jury
395	395	was waived;
396	396	5. The submission of the evidence, if any;
397	397	6. In cases tried before a jury that the jury was
398	398	charged by the court;
399	399	7. The verdict or verdicts of the jury or the finding
400	400	or findings of the court;
401	401	8. In the event of a conviction that the defendant is
402	402	adjudged guilty of the offense as found by the verdict of the jury
403	403	or the finding of the court, and that the defendant be punished in
404	404	accordance with the jury's verdict or the court's finding as to the
405	405	proper punishment;
406	406	9. In the event of conviction where [death or] any
407	407	punishment is assessed that the defendant be sentenced to [death,]
408	408	a term of confinement or community supervision, or to pay a fine, as
409	409	the case may be;
410	410	10. In the event of conviction where the imposition of
411	411	sentence is suspended and the defendant is placed on community
412	412	supervision, setting forth the punishment assessed, the length of
413	413	community supervision, and the conditions of community
414	414	supervision;
415	415	11. In the event of acquittal that the defendant be
416	416	discharged;
417	417	12. The county and court in which the case was tried
418	418	and, if there was a change of venue in the case, the name of the
419	419	county in which the prosecution was originated;
420	420	13. The offense or offenses for which the defendant
421	421	was convicted;
422	422	14. The date of the offense or offenses and degree of
423	423	offense for which the defendant was convicted;
424	424	15. The term of sentence;
425	425	16. The date judgment is entered;
426	426	17. The date sentence is imposed;
427	427	18. The date sentence is to commence and any credit for
428	428	time served;
429	429	19. The terms of any order entered pursuant to Article
430	430	42.08 that the defendant's sentence is to run cumulatively or
431	431	concurrently with another sentence or sentences;
432	432	20. The terms of any plea bargain;
433	433	21. Affirmative findings entered pursuant to Article
434	434	42A.054(c) or (d);
435	435	22. The terms of any fee payment ordered under Article
436	436	42.151;
437	437	23. The defendant's thumbprint taken in accordance
438	438	with Article 38.33;
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	a statement of the amount of the payment or payments required to be
442	442	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 Subchapter F, Chapter 42A, a statement that the
453	453	presentence investigation was done according to the applicable
454	454	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 convicted of a felony is sentenced to
475	475	[death or to] life in the Texas Department of Criminal Justice or is
476	476	ineligible for release on bail pending appeal under Article
477	477	44.04(b) and gives notice of appeal, the defendant shall be
478	478	transferred to the department on a commitment pending a mandate
479	479	from the court of appeals or the Court of Criminal Appeals.
480	480	SECTION 26. Article 44.29(b), Code of Criminal Procedure,
481	481	is amended to read as follows:
482	482	(b) If the court of appeals or the Court of Criminal Appeals
483	483	awards a new trial to a defendant [other than a defendant convicted
484	484	of an offense under Section 19.03, Penal Code,] only on the basis of
485	485	an error or errors made in the punishment stage of the trial, the
486	486	cause shall stand as it would have stood in case the new trial had
487	487	been granted by the court below, except that the court shall
488	488	commence the new trial as if a finding of guilt had been returned
489	489	and proceed to the punishment stage of the trial under Subsection
490	490	(b), Section 2, Article 37.07, of this code. If the defendant
491	491	elects, the court shall empanel a jury for the sentencing stage of
492	492	the trial in the same manner as a jury is empaneled by the court for
493	493	other trials before the court. At the new trial, the court shall
494	494	allow both the state and the defendant to introduce evidence to show
495	495	the circumstances of the offense and other evidence as permitted by
496	496	Section 3 of Article 37.07 of this code.
497	497	SECTION 27. Section 6(a), Article 49.25, Code of Criminal
498	498	Procedure, is amended to read as follows:
499	499	(a) Any medical examiner, or his duly authorized deputy,
500	500	shall be authorized, and it shall be his duty, to hold inquests with
501	501	or without a jury within his county, in the following cases:
502	502	1. When a person shall die within twenty-four hours
503	503	after admission to a hospital or institution or in prison or in
504	504	jail;
505	505	2. When any person is killed; or from any cause dies
506	506	an unnatural death[, except under sentence of the law]; or dies in
507	507	the absence of one or more good witnesses;
508	508	3. When the body or a body part of a person is found,
509	509	the cause or circumstances of death are unknown, and:
510	510	(A) the person is identified; or
511	511	(B) the person is unidentified;
512	512	4. When the circumstances of the death of any person
513	513	are such as to lead to suspicion that he came to his death by
514	514	unlawful means;
515	515	5. When any person commits suicide, or the
516	516	circumstances of his death are such as to lead to suspicion that he
517	517	committed suicide;
518	518	6. When a person dies without having been attended by a
519	519	duly licensed and practicing physician, and the local health
520	520	officer or registrar required to report the cause of death under
521	521	Section 193.005, Health and Safety Code, does not know the cause of
522	522	death. When the local health officer or registrar of vital
523	523	statistics whose duty it is to certify the cause of death does not
524	524	know the cause of death, he shall so notify the medical examiner of
525	525	the county in which the death occurred and request an inquest;
526	526	7. When the person is a child who is younger than six
527	527	years of age and the death is reported under Chapter 264, Family
528	528	Code; and
529	529	8. When a person dies who has been attended
530	530	immediately preceding his death by a duly licensed and practicing
531	531	physician or physicians, and such physician or physicians are not
532	532	certain as to the cause of death and are unable to certify with
533	533	certainty the cause of death as required by Section 193.004, Health
534	534	and Safety Code. In case of such uncertainty the attending
535	535	physician or physicians, or the superintendent or general manager
536	536	of the hospital or institution in which the deceased shall have
537	537	died, shall so report to the medical examiner of the county in which
538	538	the death occurred, and request an inquest.
539	539	SECTION 28. Article 60.052(c), Code of Criminal Procedure,
540	540	is amended to read as follows:
541	541	(c) Information in the corrections tracking system relating
542	542	to the handling of offenders must include the following information
543	543	about each imprisonment or[,] confinement[, or execution] of an
544	544	offender:
545	545	(1) the date of the imprisonment or confinement;
546	546	(2) [if the offender was sentenced to death:
547	547	[(A) the date of execution; and
548	548	[(B) if the death sentence was commuted, the
549	549	sentence to which the sentence of death was commuted and the date of
550	550	commutation;
551	551	[(3)] the date the offender was released from
552	552	imprisonment or confinement and whether the release was a discharge
553	553	or a release on parole or mandatory supervision;
554	554	(3) [(4)] if the offender is released on parole or
555	555	mandatory supervision:
556	556	(A) the offense for which the offender was
557	557	convicted by offense code and incident number;
558	558	(B) the date the offender was received by an
559	559	office of the parole division;
560	560	(C) the county in which the offender resides
561	561	while under supervision;
562	562	(D) any program in which an offender is placed or
563	563	has previously been placed and the level of supervision the
564	564	offender is placed on while under the jurisdiction of the parole
565	565	division;
566	566	(E) the date a program described by Paragraph (D)
567	567	begins, the date the program ends, and whether the program was
568	568	completed successfully;
569	569	(F) the date a level of supervision described by
570	570	Paragraph (D) begins and the date the level of supervision ends;
571	571	(G) if the offender's release status is revoked,
572	572	the reason for the revocation and the date of revocation;
573	573	(H) the expiration date of the sentence; and
574	574	(I) the date of the offender's release from the
575	575	parole division or the date on which the offender is granted
576	576	clemency; and
577	577	(4) [(5)] if the offender is released under Article
578	578	42A.202(b), the date of the offender's release.
579	579	SECTION 29. Article 64.01(c), Code of Criminal Procedure,
580	580	is amended to read as follows:
581	581	(c) A convicted person is entitled to counsel during a
582	582	proceeding under this chapter. The convicting court shall appoint
583	583	counsel for the convicted person if the person informs the court
584	584	that the person wishes to submit a motion under this chapter, the
585	585	court finds reasonable grounds for a motion to be filed, and the
586	586	court determines that the person is indigent. Counsel must be
587	587	appointed under this subsection not later than the 45th day after
588	588	the date the court finds reasonable grounds or the date the court
589	589	determines that the person is indigent, whichever is
590	590	later. Compensation of counsel is provided in the same manner as
591	591	is required by[:
592	592	[(1) Article 11.071 for the representation of a
593	593	petitioner convicted of a capital felony; and
594	594	[(2)] Chapter 26 for the representation in a habeas
595	595	corpus hearing of an indigent defendant convicted of a felony other
596	596	than a capital felony.
597	597	SECTION 30. Article 64.05, Code of Criminal Procedure, is
598	598	amended to read as follows:
599	599	Art. 64.05. APPEALS. An appeal under this chapter is to a
600	600	court of appeals in the same manner as an appeal of any other
601	601	criminal matter[, except that if the convicted person was convicted
602	602	in a capital case and was sentenced to death, the appeal is a direct
603	603	appeal to the court of criminal appeals].
604	604	SECTION 31. Sections 78.054(a) and (b), Government Code,
605	605	are amended to read as follows:
606	606	(a) The office may not accept an appointment under Article
607	607	11.071, Code of Criminal Procedure, as that article existed before
608	608	September 1, 2017, if:
609	609	(1) a conflict of interest exists;
610	610	(2) the office has insufficient resources to provide
611	611	adequate representation for the defendant;
612	612	(3) the office is incapable of providing
613	613	representation for the defendant in accordance with the rules of
614	614	professional conduct; or
615	615	(4) other good cause is shown for not accepting the
616	616	appointment.
617	617	(b) The office may not represent a defendant in a federal
618	618	habeas review. The office may not represent a defendant in an
619	619	action or proceeding in state court other than an action or
620	620	proceeding that:
621	621	(1) is conducted under Article 11.071, Code of
622	622	Criminal Procedure, as that article existed before September 1,
623	623	2017;
624	624	(2) is collateral to the preparation of an application
625	625	under Article 11.071, Code of Criminal Procedure, as that article
626	626	existed before September 1, 2017;
627	627	(3) concerns any other post-conviction matter in a
628	628	death penalty case other than a direct appeal, including an action
629	629	or proceeding under Article 46.05 or Chapter 64, Code of Criminal
630	630	Procedure; or
631	631	(4) is conducted under Article 11.073, Code of
632	632	Criminal Procedure, or is collateral to the preparation of an
633	633	application under Article 11.073, Code of Criminal Procedure, if
634	634	the case was referred in writing to the office by the Texas Forensic
635	635	Science Commission under Section 4(h), Article 38.01, Code of
636	636	Criminal Procedure.
637	637	SECTION 32. Section 78.055, Government Code, is amended to
638	638	read as follows:
639	639	Sec. 78.055. COMPENSATION OF OTHER APPOINTED ATTORNEYS. If
640	640	it is necessary that an attorney other than an attorney employed by
641	641	the office be appointed, that attorney shall be compensated as
642	642	provided by Article [Articles] 11.071 [and 26.05], Code of Criminal
643	643	Procedure, as that article existed before September 1, 2017, and by
644	644	Article 26.05, Code of Criminal Procedure.
645	645	SECTION 33. Section 78.056(a), Government Code, is amended
646	646	to read as follows:
647	647	(a) The presiding judges of the administrative judicial
648	648	regions shall maintain a statewide list of competent counsel
649	649	available for appointment under Section 2(f), Article 11.071, Code
650	650	of Criminal Procedure, as that article existed before September 1,
651	651	2017, if the office does not accept or is prohibited from accepting
652	652	an appointment under Section 78.054. Each attorney on the list:
653	653	(1) must exhibit proficiency and commitment to
654	654	providing quality representation to defendants in death penalty
655	655	cases; and
656	656	(2) may not have been found by a state or federal court
657	657	to have rendered ineffective assistance of counsel during the trial
658	658	or appeal of a death penalty case.
659	659	SECTION 34. Section 508.145(a), Government Code, is amended
660	660	to read as follows:
661	661	(a) An inmate [under sentence of death,] serving a sentence
662	662	of life imprisonment without parole, serving a sentence for an
663	663	offense under Section 21.02, Penal Code, or serving a sentence for
664	664	an offense under Section 22.021, Penal Code, that is punishable
665	665	under Subsection (f) of that section is not eligible for release on
666	666	parole.
667	667	SECTION 35. Sections 508.146(a) and (f), Government Code,
668	668	are amended to read as follows:
669	669	(a) An inmate other than an inmate who is serving a sentence
670	670	of [death or] life without parole may be released on medically
671	671	recommended intensive supervision on a date designated by a parole
672	672	panel described by Subsection (e), except that an inmate with an
673	673	instant offense that is an offense described in Article 42A.054,
674	674	Code of Criminal Procedure, or an inmate who has a reportable
675	675	conviction or adjudication under Chapter 62, Code of Criminal
676	676	Procedure, may only be considered if a medical condition of
677	677	terminal illness or long-term care has been diagnosed by a
678	678	physician, if:
679	679	(1) the Texas Correctional Office on Offenders with
680	680	Medical or Mental Impairments, in cooperation with the Correctional
681	681	Managed Health Care Committee, identifies the inmate as being:
682	682	(A) a person who is elderly or terminally ill, a
683	683	person with mental illness, an intellectual disability, or a
684	684	physical disability, or a person who has a condition requiring
685	685	long-term care, if the inmate is an inmate with an instant offense
686	686	that is described in Article 42A.054, Code of Criminal Procedure;
687	687	or
688	688	(B) in a persistent vegetative state or being a
689	689	person with an organic brain syndrome with significant to total
690	690	mobility impairment, if the inmate is an inmate who has a reportable
691	691	conviction or adjudication under Chapter 62, Code of Criminal
692	692	Procedure;
693	693	(2) the parole panel determines that, based on the
694	694	inmate's condition and a medical evaluation, the inmate does not
695	695	constitute a threat to public safety; and
696	696	(3) the Texas Correctional Office on Offenders with
697	697	Medical or Mental Impairments, in cooperation with the pardons and
698	698	paroles division, has prepared for the inmate a medically
699	699	recommended intensive supervision plan that requires the inmate to
700	700	submit to electronic monitoring, places the inmate on
701	701	super-intensive supervision, or otherwise ensures appropriate
702	702	supervision of the inmate.
703	703	(f) An inmate who is not a citizen of the United States, as
704	704	defined by federal law, who is not under a sentence of [death or]
705	705	life without parole, and who does not have a reportable conviction
706	706	or adjudication under Chapter 62, Code of Criminal Procedure, or an
707	707	instant offense described in Article 42A.054, Code of Criminal
708	708	Procedure, may be released to immigration authorities pending
709	709	deportation on a date designated by a parole panel described by
710	710	Subsection (e) if the parole panel determines that on release the
711	711	inmate would be deported to another country and that the inmate does
712	712	not constitute a threat to public safety in the other country or
713	713	this country and is unlikely to reenter this country illegally.
714	714	SECTION 36. Section 552.134(b), Government Code, is amended
715	715	to read as follows:
716	716	(b) Subsection (a) does not apply to[:
717	717	[(1)] statistical or other aggregated information
718	718	relating to inmates confined in one or more facilities operated by
719	719	or under a contract with the department[; or
720	720	[(2) information about an inmate sentenced to death].
721	721	SECTION 37. Section 557.012(b), Government Code, is
722	722	amended to read as follows:
723	723	(b) An offense under this section is punishable by[:
724	724	[(1) death; or
725	725	[(2)] confinement in the Texas Department of Criminal
726	726	Justice for:
727	727	(1) [(A)] life; or
728	728	(2) [(B)] a term of not less than two years.
729	729	SECTION 38. Section 46.03(a), Penal Code, is amended to
730	730	read as follows:
731	731	(a) A person commits an offense if the person intentionally,
732	732	knowingly, or recklessly possesses or goes with a firearm, illegal
733	733	knife, club, or prohibited weapon listed in Section 46.05(a):
734	734	(1) on the physical premises of a school or
735	735	educational institution, any grounds or building on which an
736	736	activity sponsored by a school or educational institution is being
737	737	conducted, or a passenger transportation vehicle of a school or
738	738	educational institution, whether the school or educational
739	739	institution is public or private, unless:
740	740	(A) pursuant to written regulations or written
741	741	authorization of the institution; or
742	742	(B) the person possesses or goes with a concealed
743	743	handgun that the person is licensed to carry under Subchapter H,
744	744	Chapter 411, Government Code, and no other weapon to which this
745	745	section applies, on the premises of an institution of higher
746	746	education or private or independent institution of higher
747	747	education, on any grounds or building on which an activity
748	748	sponsored by the institution is being conducted, or in a passenger
749	749	transportation vehicle of the institution;
750	750	(2) on the premises of a polling place on the day of an
751	751	election or while early voting is in progress;
752	752	(3) on the premises of any government court or offices
753	753	utilized by the court, unless pursuant to written regulations or
754	754	written authorization of the court;
755	755	(4) on the premises of a racetrack;
756	756	(5) in or into a secured area of an airport; or
757	757	(6) within 1,000 feet of premises the location of
758	758	which is designated by the Texas Department of Criminal Justice as a
759	759	place of execution [under Article 43.19, Code of Criminal
760	760	Procedure,] on a day that a sentence of death is set to be imposed on
761	761	the designated premises and the person received notice that:
762	762	(A) going within 1,000 feet of the premises with
763	763	a weapon listed under this subsection was prohibited; or
764	764	(B) possessing a weapon listed under this
765	765	subsection within 1,000 feet of the premises was prohibited.
766	766	SECTION 39. The following provisions of the Code of
767	767	Criminal Procedure are repealed:
768	768	(1) Article 11.071;
769	769	(2) Articles 26.044(a)(2) and (n);
770	770	(3) Articles 26.052(a), (b), (c), (d), (e), (i), (j),
771	771	(k), (l), (m), and (n);
772	772	(4) Article 34.04;
773	773	(5) Articles 35.13, 35.15(a), and 35.29(c);
774	774	(6) Article 36.29(b);
775	775	(7) Articles 37.071, 37.0711, and 37.072;
776	776	(8) Articles 38.43(i), (j), (k), (l), and (m);
777	777	(9) Article 42.04;
778	778	(10) Articles 43.14, 43.141, 43.15, 43.16, 43.17,
779	779	43.18, 43.19, 43.20, 43.21, 43.22, 43.23, 43.24, and 43.25;
780	780	(11) Articles 44.251, 44.2511, and 44.29(c) and (d);
781	781	and
782	782	(12) Article 46.05.
783	783	SECTION 40. The changes in law made by this Act apply only
784	784	to a criminal case in which the indictment in the case is filed on or
785	785	after the effective date of this Act. A criminal case in which the
786	786	indictment was filed before the effective date of this Act is
787	787	governed by the law in effect when the indictment was filed, and the
788	788	former law is continued in effect for that purpose.
789	789	SECTION 41. This Act takes effect September 1, 2017.