By: Moody, White, Wu H.B. No. 1030
A BILL TO BE ENTITLED
AN ACT
relating to certain sentencing procedures in a capital case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2(d), Article 37.071, Code of Criminal
Procedure, is amended to read as follows:
(d) The court shall charge the jury that:
(1) in deliberating on the issues submitted under
Subsection (b) [of this article], the jury [it] shall consider all
evidence admitted at the guilt or innocence stage and the
punishment stage, including evidence of the defendant's background
or character or the circumstances of the offense that militates for
or mitigates against the imposition of the death penalty;
(2) the jury [it] may not answer any issue submitted
under Subsection (b) [of this article] "yes" unless the jury [it]
agrees unanimously, and unless the jury answers an issue "yes"
unanimously, the jury shall [it may not] answer the [any] issue "no"
[unless 10 or more jurors agree]; and
(3) members of the jury need not agree on what
particular evidence supports a negative answer to any issue
submitted under Subsection (b) [of this article].
SECTION 2. Section 2(f), Article 37.071, Code of Criminal
Procedure, is amended to read as follows:
(f) The court shall charge the jury that in answering the
issue submitted under Subsection (e) [of this article], the jury:
(1) shall answer the issue "yes" or "no";
(2) may not answer the issue "no" unless the jury [it]
agrees unanimously, and unless the jury answers the issue "no"
unanimously, the jury shall [may not] answer the issue "yes"
[unless 10 or more jurors agree];
(3) need not agree on what particular evidence
supports an affirmative finding on the issue; and
(4) shall consider mitigating evidence to be evidence
that a juror might regard as reducing the defendant's moral
blameworthiness.
SECTION 3. The change in law made by this Act applies only
to a criminal proceeding that commences on or after the effective
date of this Act. A criminal proceeding that commenced before the
effective date of this Act is governed by the law in effect on the
date the proceeding commenced, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2019.