Texas 2019 - 86th Regular

Texas House Bill HB246 Compare Versions

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

Old	New	Differences
1	1	86R59 MEW-D
2	2	By: Farrar H.B. No. 246
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. Articles 26.04(b) and (g), Code of Criminal
58	58	Procedure, are amended to read as follows:
59	59	(b) Procedures adopted under Subsection (a) shall:
60	60	(1) authorize only the judges of the county courts,
61	61	statutory county courts, and district courts trying criminal cases
62	62	in the county, or the judges' designee, to appoint counsel for
63	63	indigent defendants in the county;
64	64	(2) apply to each appointment of counsel made by a
65	65	judge or the judges' designee in the county;
66	66	(3) ensure that each indigent defendant in the county
67	67	who is charged with a misdemeanor punishable by confinement or with
68	68	a felony and who appears in court without counsel has an opportunity
69	69	to confer with appointed counsel before the commencement of
70	70	judicial proceedings;
71	71	(4) [require appointments for defendants in capital
72	72	cases in which the death penalty is sought to comply with any
73	73	applicable requirements under Articles 11.071 and 26.052;
74	74	[(5)] ensure that each attorney appointed from a
75	75	public appointment list to represent an indigent defendant perform
76	76	the attorney's duty owed to the defendant in accordance with the
77	77	adopted procedures, the requirements of this code, and applicable
78	78	rules of ethics; and
79	79	(5) [(6)] ensure that appointments are allocated
80	80	among qualified attorneys in a manner that is fair, neutral, and
81	81	nondiscriminatory.
82	82	(g) A countywide alternative program for appointing counsel
83	83	for indigent defendants in criminal cases is established by a
84	84	formal action in which two-thirds of the judges of the courts
85	85	designated under this subsection vote to establish the alternative
86	86	program. An alternative program for appointing counsel in
87	87	misdemeanor and felony cases may be established in the manner
88	88	provided by this subsection by the judges of the county courts,
89	89	statutory county courts, and district courts trying criminal cases
90	90	in the county. An alternative program for appointing counsel in
91	91	misdemeanor cases may be established in the manner provided by this
92	92	subsection by the judges of the county courts and statutory county
93	93	courts trying criminal cases in the county. An alternative program
94	94	for appointing counsel in felony cases may be established in the
95	95	manner provided by this subsection by the judges of the district
96	96	courts trying criminal cases in the county. In a county in which an
97	97	alternative program is established:
98	98	(1) the alternative program may:
99	99	(A) use a single method for appointing counsel or
100	100	a combination of methods; and
101	101	(B) use a multicounty appointment list using a
102	102	system of rotation; and
103	103	(2) the procedures adopted under Subsection (a) must
104	104	ensure that:
105	105	(A) attorneys appointed using the alternative
106	106	program to represent defendants in misdemeanor cases punishable by
107	107	confinement:
108	108	(i) meet specified objective
109	109	qualifications for that representation, which may be graduated
110	110	according to the degree of seriousness of the offense and whether
111	111	representation will be provided in trial court proceedings,
112	112	appellate proceedings, or both; and
113	113	(ii) are approved by a majority of the
114	114	judges of the county courts and statutory county courts trying
115	115	misdemeanor cases in the county;
116	116	(B) attorneys appointed using the alternative
117	117	program to represent defendants in felony cases:
118	118	(i) meet specified objective
119	119	qualifications for that representation, which may be graduated
120	120	according to the degree of seriousness of the offense and whether
121	121	representation will be provided in trial court proceedings,
122	122	appellate proceedings, or both; and
123	123	(ii) are approved by a majority of the
124	124	judges of the district courts trying felony cases in the county; and
125	125	(C) [appointments for defendants in capital
126	126	cases in which the death penalty is sought comply with the
127	127	requirements of Article 26.052; and
128	128	[(D)] appointments are reasonably and
129	129	impartially allocated among qualified attorneys.
130	130	SECTION 4. Article 34.01, Code of Criminal Procedure, is
131	131	amended to read as follows:
132	132	Art. 34.01. SPECIAL VENIRE. A "special venire" is a writ
133	133	issued in a capital case by order of the district court, commanding
134	134	the sheriff to summon either verbally or by mail such a number of
135	135	persons, not less than 50, as the court may order, to appear before
136	136	the court on a day named in the writ from whom the jury for the trial
137	137	of such case is to be selected. Where as many as one hundred jurors
138	138	have been summoned in such county for regular service for the week
139	139	in which such capital case is set for trial, the judge of the court
140	140	having jurisdiction of a capital case in which a motion for a
141	141	special venire has been made, shall grant or refuse such motion for
142	142	a special venire, and upon such refusal require the case to be tried
143	143	by regular jurors summoned for service in such county for the week
144	144	in which such capital case is set for trial and such additional
145	145	talesmen as may be summoned by the sheriff upon order of the court
146	146	as provided in Article 34.02 of this Code[, but the clerk of such
147	147	court shall furnish the defendant or his counsel a list of the
148	148	persons summoned as provided in Article 34.04].
149	149	SECTION 5. Article 35.15(b), Code of Criminal Procedure, is
150	150	amended to read as follows:
151	151	(b) In [non-capital] felony cases [and in capital cases in
152	152	which the State does not seek the death penalty], the State and
153	153	defendant shall each be entitled to ten peremptory challenges. If
154	154	two or more defendants are tried together each defendant shall be
155	155	entitled to six peremptory challenges and the State to six for each
156	156	defendant.
157	157	SECTION 6. Article 35.16(b), Code of Criminal Procedure, is
158	158	amended to read as follows:
159	159	(b) A challenge for cause may be made by the State for any of
160	160	the following reasons:
161	161	1. That the juror has conscientious scruples in regard
162	162	to the imposition [infliction] of a sentence of imprisonment for
163	163	life without parole [the punishment of death for crime,] in a
164	164	capital case[, where the State is seeking the death penalty];
165	165	2. That the juror [he] is related within the third
166	166	degree of consanguinity or affinity, as determined under Chapter
167	167	573, Government Code, to the defendant; and
168	168	3. That the juror [he] has a bias or prejudice against
169	169	any phase of the law upon which the State is entitled to rely for
170	170	conviction or punishment.
171	171	SECTION 7. Article 35.17, Code of Criminal Procedure, is
172	172	amended to read as follows:
173	173	Art. 35.17. VOIR DIRE EXAMINATION
174	174	[1]. When the court in its discretion so directs, [except as
175	175	provided in Section 2,] the state and defendant shall conduct the
176	176	voir dire examination of prospective jurors in the presence of the
177	177	entire panel.
178	178	[2. In a capital felony case in which the State seeks the
179	179	death penalty, the court shall propound to the entire panel of
180	180	prospective jurors questions concerning the principles, as
181	181	applicable to the case on trial, of reasonable doubt, burden of
182	182	proof, return of indictment by grand jury, presumption of
183	183	innocence, and opinion. Then, on demand of the State or defendant,
184	184	either is entitled to examine each juror on voir dire individually
185	185	and apart from the entire panel, and may further question the juror
186	186	on the principles propounded by the court.]
187	187	SECTION 8. Article 35.25, Code of Criminal Procedure, is
188	188	amended to read as follows:
189	189	Art. 35.25. MAKING PEREMPTORY CHALLENGE. The [In
190	190	non-capital cases and in capital cases in which the State's
191	191	attorney has announced that he will not qualify the jury for, or
192	192	seek the death penalty, the] party desiring to challenge any juror
193	193	peremptorily shall strike the name of such juror from the list
194	194	furnished the party [him] by the clerk.
195	195	SECTION 9. Article 35.26, Code of Criminal Procedure, is
196	196	amended to read as follows:
197	197	Art. 35.26. LISTS RETURNED TO CLERK. [(a)] When the
198	198	parties have made or declined to make their peremptory challenges,
199	199	they shall deliver their lists to the clerk. The [Except as
200	200	provided in Subsection (b) of this section, the] clerk shall, if the
201	201	case be in the district court, call off the first twelve names on
202	202	the lists that have not been stricken. If the case be in the county
203	203	court, the clerk [he] shall call off the first six names on the
204	204	lists that have not been stricken. Those whose names are called
205	205	shall be the jury.
206	206	[(b) In a capital case in which the state seeks the death
207	207	penalty, the court may direct that two alternate jurors be selected
208	208	and that the first fourteen names not stricken be called off by the
209	209	clerk. The last two names to be called are the alternate jurors.]
210	210	SECTION 10. Article 36.29(a), Code of Criminal Procedure,
211	211	is amended to read as follows:
212	212	(a) Not less than twelve jurors can render and return a
213	213	verdict in a felony case. It must be concurred in by each juror and
214	214	signed by the foreman. After [Except as provided in Subsection (b),
215	215	however, after] the trial of any felony case begins and a juror dies
216	216	or, as determined by the judge, becomes disabled from sitting at any
217	217	time before the charge of the court is read to the jury, the
218	218	remainder of the jury shall have the power to render the verdict;
219	219	but when the verdict shall be rendered by less than the whole
220	220	number, it shall be signed by every member of the jury concurring in
221	221	it.
222	222	SECTION 11. Section 2(b), Article 37.07, Code of Criminal
223	223	Procedure, is amended to read as follows:
224	224	(b) If [Except as provided by Article 37.071 or 37.072, if]
225	225	a finding of guilty is returned, it shall then be the responsibility
226	226	of the judge to assess the punishment applicable to the offense;
227	227	provided, however, that (1) in any criminal action where the jury
228	228	may recommend community supervision and the defendant filed his
229	229	sworn motion for community supervision before the trial began, and
230	230	(2) in other cases where the defendant so elects in writing before
231	231	the commencement of the voir dire examination of the jury panel, the
232	232	punishment shall be assessed by the same jury, except as provided in
233	233	Section 3(c) of this article and in Article 44.29. If a finding of
234	234	guilty is returned, the defendant may, with the consent of the
235	235	attorney for the state, change his election of one who assesses the
236	236	punishment.
237	237	SECTION 12. Section 1, Article 42.01, Code of Criminal
238	238	Procedure, as effective January 1, 2019, is amended to read as
239	239	follows:
240	240	Sec. 1. A judgment is the written declaration of the court
241	241	signed by the trial judge and entered of record showing the
242	242	conviction or acquittal of the defendant. The sentence served
243	243	shall be based on the information contained in the judgment. The
244	244	judgment shall reflect:
245	245	1. The title and number of the case;
246	246	2. That the case was called and the parties appeared,
247	247	naming the attorney for the state, the defendant, and the attorney
248	248	for the defendant, or, where a defendant is not represented by
249	249	counsel, that the defendant knowingly, intelligently, and
250	250	voluntarily waived the right to representation by counsel;
251	251	3. The plea or pleas of the defendant to the offense
252	252	charged;
253	253	4. Whether the case was tried before a jury or a jury
254	254	was waived;
255	255	5. The submission of the evidence, if any;
256	256	6. In cases tried before a jury that the jury was
257	257	charged by the court;
258	258	7. The verdict or verdicts of the jury or the finding
259	259	or findings of the court;
260	260	8. In the event of a conviction that the defendant is
261	261	adjudged guilty of the offense as found by the verdict of the jury
262	262	or the finding of the court, and that the defendant be punished in
263	263	accordance with the jury's verdict or the court's finding as to the
264	264	proper punishment;
265	265	9. In the event of conviction where [death or] any
266	266	punishment is assessed that the defendant be sentenced to [death,]
267	267	a term of confinement or community supervision, or to pay a fine, as
268	268	the case may be;
269	269	10. In the event of conviction where the imposition of
270	270	sentence is suspended and the defendant is placed on community
271	271	supervision, setting forth the punishment assessed, the length of
272	272	community supervision, and the conditions of community
273	273	supervision;
274	274	11. In the event of acquittal that the defendant be
275	275	discharged;
276	276	12. The county and court in which the case was tried
277	277	and, if there was a change of venue in the case, the name of the
278	278	county in which the prosecution was originated;
279	279	13. The offense or offenses for which the defendant
280	280	was convicted;
281	281	14. The date of the offense or offenses and degree of
282	282	offense for which the defendant was convicted;
283	283	15. The term of sentence;
284	284	16. The date judgment is entered;
285	285	17. The date sentence is imposed;
286	286	18. The date sentence is to commence and any credit for
287	287	time served;
288	288	19. The terms of any order entered pursuant to Article
289	289	42.08 that the defendant's sentence is to run cumulatively or
290	290	concurrently with another sentence or sentences;
291	291	20. The terms of any plea bargain;
292	292	21. Affirmative findings entered pursuant to Article
293	293	42A.054(c) or (d);
294	294	22. The terms of any fee payment ordered under Article
295	295	42.151;
296	296	23. The defendant's thumbprint taken in accordance
297	297	with Article 38.33;
298	298	24. In the event that the judge orders the defendant to
299	299	repay a reward or part of a reward under Articles 37.073 and 42.152,
300	300	a statement of the amount of the payment or payments required to be
301	301	made;
302	302	25. In the event that the court orders restitution to
303	303	be paid to the victim, a statement of the amount of restitution
304	304	ordered and:
305	305	(A) the name and address of a person or agency
306	306	that will accept and forward restitution payments to the victim; or
307	307	(B) if the court specifically elects to have
308	308	payments made directly to the crime victim, the name and permanent
309	309	address of the victim at the time of judgment;
310	310	26. In the event that a presentence investigation is
311	311	required by Subchapter F, Chapter 42A, a statement that the
312	312	presentence investigation was done according to the applicable
313	313	provision;
314	314	27. In the event of conviction of an offense for which
315	315	registration as a sex offender is required under Chapter 62, a
316	316	statement that the registration requirement of that chapter applies
317	317	to the defendant and a statement of the age of the victim of the
318	318	offense;
319	319	28. The defendant's state identification number
320	320	required by Article 66.152(a)(2), if that number has been assigned
321	321	at the time of the judgment; and
322	322	29. The incident number required by Article
323	323	66.152(a)(4), if that number has been assigned at the time of the
324	324	judgment.
325	325	SECTION 13. Section 557.012(b), Government Code, is
326	326	amended to read as follows:
327	327	(b) An offense under this section is punishable by[:
328	328	[(1) death; or
329	329	[(2)] confinement in the Texas Department of Criminal
330	330	Justice for:
331	331	(1) [(A)] life; or
332	332	(2) [(B)] a term of not less than two years.
333	333	SECTION 14. The following provisions of the Code of
334	334	Criminal Procedure are repealed:
335	335	(1) Article 34.04;
336	336	(2) Articles 35.13, 35.15(a), and 35.29(c);
337	337	(3) Article 36.29(b);
338	338	(4) Articles 37.071, 37.0711, and 37.072;
339	339	(5) Articles 38.43(i), (j), (k), (l), and (m);
340	340	(6) Article 42.04; and
341	341	(7) Article 46.05.
342	342	SECTION 15. The change in law made by this Act:
343	343	(1) applies to a criminal action pending, on appeal,
344	344	or commenced on or after the effective date of this Act, regardless
345	345	of whether the criminal action is based on an offense committed
346	346	before, on, or after that date; and
347	347	(2) does not affect a final conviction that exists on
348	348	the effective date of this Act.
349	349	SECTION 16. This Act takes effect immediately if it
350	350	receives a vote of two-thirds of all the members elected to each
351	351	house, as provided by Section 39, Article III, Texas Constitution.
352	352	If this Act does not receive the vote necessary for immediate
353	353	effect, this Act takes effect September 1, 2019.