Texas 2017 - 85th 1st C.S.

Texas House Bill HB252 Compare Versions

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

Old	New	Differences
1	1	85S11085 KJE-D
2	2	By: Canales H.B. No. 252
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the extent of a defendant's criminal responsibility for
8	8	the conduct of a coconspirator in certain felony cases.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 37, Code of Criminal Procedure, is
11	11	amended by adding Article 37.0705 to read as follows:
12	12	Art. 37.0705. PROCEDURE AFTER GUILTY VERDICT IN CERTAIN
13	13	CAPITAL CASES. (a) If a defendant is found guilty in a capital
14	14	felony case in which the state seeks the death penalty and in which
15	15	the jury charge at the guilt or innocence stage permitted the jury
16	16	to find the defendant guilty as a party under Sections 7.01 and
17	17	7.02, Penal Code, the court shall, before conducting the punishment
18	18	stage, instruct the jury to determine based on the evidence
19	19	admitted at the guilt or innocence stage whether the defendant is
20	20	guilty of the capital felony only as a party under Section 7.02(b),
21	21	Penal Code.
22	22	(b) If the jury unanimously finds the defendant guilty of
23	23	the capital felony only as a party under Section 7.02(b), Penal
24	24	Code, the defendant may not be sentenced to death.
25	25	SECTION 2. The heading to Article 37.071, Code of Criminal
26	26	Procedure, is amended to read as follows:
27	27	Art. 37.071. PROCEDURE IN CAPITAL CASE: PUNISHMENT STAGE
28	28	SECTION 3. Section 1, Article 37.071, Code of Criminal
29	29	Procedure, is amended to read as follows:
30	30	Sec. 1. If a defendant is found guilty in a capital felony
31	31	case in which the state does not seek the death penalty or in which
32	32	the jury makes a finding as permitted under Article 37.0705, the
33	33	judge shall sentence the defendant to life imprisonment or to life
34	34	imprisonment without parole as required by Section 12.31, Penal
35	35	Code.
36	36	SECTION 4. Section 2(a)(1), Article 37.071, Code of
37	37	Criminal Procedure, is amended to read as follows:
38	38	(1) If a defendant is found guilty in [tried for] a
39	39	capital felony case [offense] in which the state seeks the death
40	40	penalty, other than a case in which the jury makes a [on a] finding
41	41	as permitted under Article 37.0705(b) [that the defendant is guilty
42	42	of a capital offense], the court shall conduct a separate
43	43	sentencing proceeding to determine whether the defendant shall be
44	44	sentenced to death or life imprisonment without parole. The
45	45	proceeding shall be conducted in the trial court and, except as
46	46	provided by Article 44.29(c) [of this code], before the trial jury
47	47	as soon as practicable. In the proceeding, evidence may be
48	48	presented by the state and the defendant or the defendant's counsel
49	49	as to any matter that the court deems relevant to sentence,
50	50	including evidence of the defendant's background or character or
51	51	the circumstances of the offense that mitigates against the
52	52	imposition of the death penalty. This subdivision shall not be
53	53	construed to authorize the introduction of any evidence secured in
54	54	violation of the Constitution of the United States or of the State
55	55	of Texas. The state and the defendant or the defendant's counsel
56	56	shall be permitted to present argument for or against sentence of
57	57	death. The introduction of evidence of extraneous conduct is
58	58	governed by the notice requirements of Section 3(g), Article
59	59	37.07. The court, the attorney representing the state, the
60	60	defendant, or the defendant's counsel may not inform a juror or a
61	61	prospective juror of the effect of a failure of a jury to agree on
62	62	issues submitted under Subsection (c) or (e).
63	63	SECTION 5. The heading to Article 37.0711, Code of Criminal
64	64	Procedure, is amended to read as follows:
65	65	Art. 37.0711. PROCEDURE IN CAPITAL CASE FOR OFFENSE
66	66	COMMITTED BEFORE SEPTEMBER 1, 1991: PUNISHMENT STAGE
67	67	SECTION 6. Section 2, Article 37.0711, Code of Criminal
68	68	Procedure, is amended to read as follows:
69	69	Sec. 2. If a defendant is found guilty in a case in which the
70	70	state does not seek the death penalty or in which the jury makes a
71	71	finding as permitted under Article 37.0705, the judge shall
72	72	sentence the defendant to life imprisonment.
73	73	SECTION 7. Section 3(a)(1), Article 37.0711, Code of
74	74	Criminal Procedure, is amended to read as follows:
75	75	(1) If a defendant is found guilty in [tried for] a
76	76	capital felony case [offense] in which the state seeks the death
77	77	penalty, other than a case in which the jury makes a [on a] finding
78	78	as permitted under Article 37.0705(b) [that the defendant is guilty
79	79	of a capital offense], the court shall conduct a separate
80	80	sentencing proceeding to determine whether the defendant shall be
81	81	sentenced to death or life imprisonment. The proceeding shall be
82	82	conducted in the trial court and, except as provided by Article
83	83	44.29(c) [of this code], before the trial jury as soon as
84	84	practicable. In the proceeding, evidence may be presented as to any
85	85	matter that the court deems relevant to sentence. This subdivision
86	86	shall not be construed to authorize the introduction of any
87	87	evidence secured in violation of the Constitution of the United
88	88	States or of this state. The state and the defendant or the
89	89	defendant's counsel shall be permitted to present argument for or
90	90	against sentence of death.
91	91	SECTION 8. The change in law made by this Act applies to a
92	92	criminal proceeding that commences on or after the effective date
93	93	of this Act. A criminal proceeding that commences before the
94	94	effective date of this Act is governed by the law in effect when the
95	95	proceeding commenced, and the former law is continued in effect for
96	96	that purpose.
97	97	SECTION 9. This Act takes effect December 1, 2017.