85S11085 KJE-D
By: Canales H.B. No. 252
A BILL TO BE ENTITLED
AN ACT
relating to the extent of a defendant's criminal responsibility for
the conduct of a coconspirator in certain felony cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 37, Code of Criminal Procedure, is
amended by adding Article 37.0705 to read as follows:
Art. 37.0705. PROCEDURE AFTER GUILTY VERDICT IN CERTAIN
CAPITAL CASES. (a) If a defendant is found guilty in a capital
felony case in which the state seeks the death penalty and in which
the jury charge at the guilt or innocence stage permitted the jury
to find the defendant guilty as a party under Sections 7.01 and
7.02, Penal Code, the court shall, before conducting the punishment
stage, instruct the jury to determine based on the evidence
admitted at the guilt or innocence stage whether the defendant is
guilty of the capital felony only as a party under Section 7.02(b),
Penal Code.
(b) If the jury unanimously finds the defendant guilty of
the capital felony only as a party under Section 7.02(b), Penal
Code, the defendant may not be sentenced to death.
SECTION 2. The heading to Article 37.071, Code of Criminal
Procedure, is amended to read as follows:
Art. 37.071. PROCEDURE IN CAPITAL CASE: PUNISHMENT STAGE
SECTION 3. Section 1, Article 37.071, Code of Criminal
Procedure, is amended to read as follows:
Sec. 1. If a defendant is found guilty in a capital felony
case in which the state does not seek the death penalty or in which
the jury makes a finding as permitted under Article 37.0705, the
judge shall sentence the defendant to life imprisonment or to life
imprisonment without parole as required by Section 12.31, Penal
Code.
SECTION 4. Section 2(a)(1), Article 37.071, Code of
Criminal Procedure, is amended to read as follows:
(1) If a defendant is found guilty in [tried for] a
capital felony case [offense] in which the state seeks the death
penalty, other than a case in which the jury makes a [on a] finding
as permitted under Article 37.0705(b) [that the defendant is guilty
of a capital offense], the court shall conduct a separate
sentencing proceeding to determine whether the defendant shall be
sentenced to death or life imprisonment without parole. The
proceeding shall be conducted in the trial court and, except as
provided by Article 44.29(c) [of this code], before the trial jury
as soon as practicable. In the proceeding, evidence may be
presented by the state and the defendant or the defendant's counsel
as to any matter that the court deems relevant to sentence,
including evidence of the defendant's background or character or
the circumstances of the offense that mitigates against the
imposition of the death penalty. This subdivision shall not be
construed to authorize the introduction of any evidence secured in
violation of the Constitution of the United States or of the State
of Texas. The state and the defendant or the defendant's counsel
shall be permitted to present argument for or against sentence of
death. The introduction of evidence of extraneous conduct is
governed by the notice requirements of Section 3(g), Article
37.07. The court, the attorney representing the state, the
defendant, or the defendant's counsel may not inform a juror or a
prospective juror of the effect of a failure of a jury to agree on
issues submitted under Subsection (c) or (e).
SECTION 5. The heading to Article 37.0711, Code of Criminal
Procedure, is amended to read as follows:
Art. 37.0711. PROCEDURE IN CAPITAL CASE FOR OFFENSE
COMMITTED BEFORE SEPTEMBER 1, 1991: PUNISHMENT STAGE
SECTION 6. Section 2, Article 37.0711, Code of Criminal
Procedure, is amended to read as follows:
Sec. 2. If a defendant is found guilty in a case in which the
state does not seek the death penalty or in which the jury makes a
finding as permitted under Article 37.0705, the judge shall
sentence the defendant to life imprisonment.
SECTION 7. Section 3(a)(1), Article 37.0711, Code of
Criminal Procedure, is amended to read as follows:
(1) If a defendant is found guilty in [tried for] a
capital felony case [offense] in which the state seeks the death
penalty, other than a case in which the jury makes a [on a] finding
as permitted under Article 37.0705(b) [that the defendant is guilty
of a capital offense], the court shall conduct a separate
sentencing proceeding to determine whether the defendant shall be
sentenced to death or life imprisonment. The proceeding shall be
conducted in the trial court and, except as provided by Article
44.29(c) [of this code], before the trial jury as soon as
practicable. In the proceeding, evidence may be presented as to any
matter that the court deems relevant to sentence. This subdivision
shall not be construed to authorize the introduction of any
evidence secured in violation of the Constitution of the United
States or of this state. The state and the defendant or the
defendant's counsel shall be permitted to present argument for or
against sentence of death.
SECTION 8. The change in law made by this Act applies to a
criminal proceeding that commences on or after the effective date
of this Act. A criminal proceeding that commences before the
effective date of this Act is governed by the law in effect when the
proceeding commenced, and the former law is continued in effect for
that purpose.
SECTION 9. This Act takes effect December 1, 2017.