Texas 2019 - 86th Regular

Texas House Bill HB336 Compare Versions

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

Old	New	Differences
1	1	By: Dutton H.B. No. 336
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to abolishing the death penalty.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 12.31, Penal Code, is amended to read as
9	9	follows:
10	10	Sec. 12.31. CAPITAL FELONY. (a) An individual adjudged
11	11	guilty of a capital felony [in a case in which the state seeks the
12	12	death penalty shall be punished by imprisonment in the Texas
13	13	Department of Criminal Justice for life without parole or by death.
14	14	An individual adjudged guilty of a capital felony in a case in which
15	15	the state does not seek the death penalty] shall be punished by
16	16	imprisonment in the Texas Department of Criminal Justice for:
17	17	(1) life, if the individual committed the offense when
18	18	younger than 18 years of age; or
19	19	(2) life without parole, if the individual committed
20	20	the offense when 18 years of age or older.
21	21	(b) In a capital felony trial [in which the state seeks the
22	22	death penalty, prospective jurors shall be informed that a sentence
23	23	of life imprisonment without parole or death is mandatory on
24	24	conviction of a capital felony. In a capital felony trial in which
25	25	the state does not seek the death penalty], prospective jurors
26	26	shall be informed [that the state is not seeking the death penalty
27	27	and] that:
28	28	(1) a sentence of life imprisonment is mandatory on
29	29	conviction of the capital felony, if the individual committed the
30	30	offense when younger than 18 years of age; or
31	31	(2) a sentence of life imprisonment without parole is
32	32	mandatory on conviction of the capital felony, if the individual
33	33	committed the offense when 18 years of age or older.
34	34	SECTION 2. Articles 1.13(a) and (b), Code of Criminal
35	35	Procedure, are amended to read as follows:
36	36	(a) Subject to Subsection (b), the [The] defendant in a
37	37	criminal prosecution for any offense is entitled [other than a
38	38	capital felony case in which the state notifies the court and the
39	39	defendant that it will seek the death penalty shall have the right],
40	40	upon entering a plea, to waive the right of trial by jury,
41	41	conditioned, however, that, except as provided by Article 27.19,
42	42	the waiver must be made in person by the defendant in writing in
43	43	open court with the consent and approval of the court, and the
44	44	attorney representing the state. The consent and approval by the
45	45	court shall be entered of record on the minutes of the court, and
46	46	the consent and approval of the attorney representing the state
47	47	shall be in writing, signed by that attorney, and filed in the
48	48	papers of the cause before the defendant enters the defendant's
49	49	plea.
50	50	(b) In a capital felony case [in which the attorney
51	51	representing the State notifies the court and the defendant that it
52	52	will not seek the death penalty], the defendant may waive the right
53	53	to trial by jury but only if the attorney representing the State, in
54	54	writing and in open court, consents to the waiver.
55	55	SECTION 3. Article 4.03, Code of Criminal Procedure, is
56	56	amended to read as follows:
57	57	Art. 4.03. COURTS OF APPEALS. The Courts of Appeals shall
58	58	have appellate jurisdiction coextensive with the limits of their
59	59	respective districts in all criminal cases [except those in which
60	60	the death penalty has been assessed]. This article may [Article
61	61	shall] not be so construed as to embrace any case which has been
62	62	appealed from any inferior court to the county court, the county
63	63	criminal court, or county court at law, in which the fine imposed or
64	64	affirmed by the county court, the county criminal court or county
65	65	court at law does not exceed one hundred dollars, unless the sole
66	66	issue is the constitutionality of the statute or ordinance on which
67	67	the conviction is based.
68	68	SECTION 4. Section 2, Article 4.04, Code of Criminal
69	69	Procedure, is amended to read as follows:
70	70	Sec. 2. The Court of Criminal Appeals shall have, and is
71	71	hereby given, final appellate and review jurisdiction in criminal
72	72	cases coextensive with the limits of the state, and its
73	73	determinations shall be final. [The appeal of all cases in which
74	74	the death penalty has been assessed shall be to the Court of
75	75	Criminal Appeals.] In addition, the Court of Criminal Appeals may,
76	76	on its own motion, with or without a petition for such discretionary
77	77	review being filed by one of the parties, review any decision of a
78	78	court of appeals in a criminal case. Discretionary review by the
79	79	Court of Criminal Appeals is not a matter of right, but of sound
80	80	judicial discretion.
81	81	SECTION 5. The heading to Article 11.07, Code of Criminal
82	82	Procedure, is amended to read as follows:
83	83	Art. 11.07. PROCEDURE AFTER FELONY CONVICTION [WITHOUT
84	84	DEATH PENALTY]
85	85	SECTION 6. Sections 1 and 2, Article 11.07, Code of Criminal
86	86	Procedure, are amended to read as follows:
87	87	Sec. 1. This article establishes the procedures for an
88	88	application for writ of habeas corpus in which the applicant seeks
89	89	relief from a felony judgment [imposing a penalty other than
90	90	death].
91	91	Sec. 2. After indictment found in any felony case[, other
92	92	than a case in which the death penalty is imposed,] and before
93	93	conviction, the writ must be made returnable in the county where the
94	94	offense has been committed.
95	95	SECTION 7. Section 3(b), Article 11.07, Code of Criminal
96	96	Procedure, is amended to read as follows:
97	97	(b) An application for writ of habeas corpus filed after
98	98	final conviction in a felony case[, other than a case in which the
99	99	death penalty is imposed,] must be filed with the clerk of the court
100	100	in which the conviction being challenged was obtained, and the
101	101	clerk shall assign the application to that court. When the
102	102	application is received by that court, a writ of habeas corpus,
103	103	returnable to the Court of Criminal Appeals, shall issue by
104	104	operation of law. The clerk of that court shall make appropriate
105	105	notation thereof, assign to the case a file number (ancillary to
106	106	that of the conviction being challenged), and forward a copy of the
107	107	application by certified mail, return receipt requested, by secure
108	108	electronic mail, or by personal service to the attorney
109	109	representing the state in that court, who shall answer the
110	110	application not later than the 15th day after the date the copy of
111	111	the application is received. Matters alleged in the application not
112	112	admitted by the state are deemed denied.
113	113	SECTION 8. Articles 11.073(b) and (c), Code of Criminal
114	114	Procedure, are amended to read as follows:
115	115	(b) A court may grant a convicted person relief on an
116	116	application for a writ of habeas corpus if:
117	117	(1) the convicted person files an application, in the
118	118	manner provided by Article 11.07[, 11.071,] or 11.072, containing
119	119	specific facts indicating that:
120	120	(A) relevant scientific evidence is currently
121	121	available and was not available at the time of the convicted
122	122	person's trial because the evidence was not ascertainable through
123	123	the exercise of reasonable diligence by the convicted person before
124	124	the date of or during the convicted person's trial; and
125	125	(B) the scientific evidence would be admissible
126	126	under the Texas Rules of Evidence at a trial held on the date of the
127	127	application; and
128	128	(2) the court makes the findings described by
129	129	Subdivisions (1)(A) and (B) and also finds that, had the scientific
130	130	evidence been presented at trial, on the preponderance of the
131	131	evidence the person would not have been convicted.
132	132	(c) For purposes of Section 4(a)(1), Article 11.07,
133	133	[Section 5(a)(1), Article 11.071,] and Section 9(a), Article
134	134	11.072, a claim or issue could not have been presented previously in
135	135	an original application or in a previously considered application
136	136	if the claim or issue is based on relevant scientific evidence that
137	137	was not ascertainable through the exercise of reasonable diligence
138	138	by the convicted person on or before the date on which the original
139	139	application or a previously considered application, as applicable,
140	140	was filed.
141	141	SECTION 9. The heading to Article 11.65, Code of Criminal
142	142	Procedure, is amended to read as follows:
143	143	Art. 11.65. BOND FOR [CERTAIN] APPLICANTS.
144	144	SECTION 10. Article 11.65(a), Code of Criminal Procedure,
145	145	is amended to read as follows:
146	146	(a) This article applies to an applicant for a writ of
147	147	habeas corpus seeking relief from the judgment in a criminal case[,
148	148	other than an applicant seeking relief from a judgment imposing a
149	149	penalty of death].
150	150	SECTION 11. Section 6, Article 24.29, Code of Criminal
151	151	Procedure, is amended to read as follows:
152	152	Sec. 6. EXCEPTIONS. This Act does not apply to a person in
153	153	this state who is confined as mentally ill [or who is under sentence
154	154	of death].
155	155	SECTION 12. Articles 26.04(b) and (g), Code of Criminal
156	156	Procedure, are amended to read as follows:
157	157	(b) Procedures adopted under Subsection (a) shall:
158	158	(1) authorize only the judges of the county courts,
159	159	statutory county courts, and district courts trying criminal cases
160	160	in the county, or the judges' designee, to appoint counsel for
161	161	indigent defendants in the county;
162	162	(2) apply to each appointment of counsel made by a
163	163	judge or the judges' designee in the county;
164	164	(3) ensure that each indigent defendant in the county
165	165	who is charged with a misdemeanor punishable by confinement or with
166	166	a felony and who appears in court without counsel has an opportunity
167	167	to confer with appointed counsel before the commencement of
168	168	judicial proceedings;
169	169	(4) [require appointments for defendants in capital
170	170	cases in which the death penalty is sought to comply with any
171	171	applicable requirements under Articles 11.071 and 26.052;
172	172	[(5)] ensure that each attorney appointed from a
173	173	public appointment list to represent an indigent defendant perform
174	174	the attorney's duty owed to the defendant in accordance with the
175	175	adopted procedures, the requirements of this code, and applicable
176	176	rules of ethics; and
177	177	(5) [(6)] ensure that appointments are allocated
178	178	among qualified attorneys in a manner that is fair, neutral, and
179	179	nondiscriminatory.
180	180	(g) A countywide alternative program for appointing counsel
181	181	for indigent defendants in criminal cases is established by a
182	182	formal action in which two-thirds of the judges of the courts
183	183	designated under this subsection vote to establish the alternative
184	184	program. An alternative program for appointing counsel in
185	185	misdemeanor and felony cases may be established in the manner
186	186	provided by this subsection by the judges of the county courts,
187	187	statutory county courts, and district courts trying criminal cases
188	188	in the county. An alternative program for appointing counsel in
189	189	misdemeanor cases may be established in the manner provided by this
190	190	subsection by the judges of the county courts and statutory county
191	191	courts trying criminal cases in the county. An alternative program
192	192	for appointing counsel in felony cases may be established in the
193	193	manner provided by this subsection by the judges of the district
194	194	courts trying criminal cases in the county. In a county in which an
195	195	alternative program is established:
196	196	(1) the alternative program may:
197	197	(A) use a single method for appointing counsel or
198	198	a combination of methods; and
199	199	(B) use a multicounty appointment list using a
200	200	system of rotation; and
201	201	(2) the procedures adopted under Subsection (a) must
202	202	ensure that:
203	203	(A) attorneys appointed using the alternative
204	204	program to represent defendants in misdemeanor cases punishable by
205	205	confinement:
206	206	(i) meet specified objective
207	207	qualifications for that representation, which may be graduated
208	208	according to the degree of seriousness of the offense and whether
209	209	representation will be provided in trial court proceedings,
210	210	appellate proceedings, or both; and
211	211	(ii) are approved by a majority of the
212	212	judges of the county courts and statutory county courts trying
213	213	misdemeanor cases in the county;
214	214	(B) attorneys appointed using the alternative
215	215	program to represent defendants in felony cases:
216	216	(i) meet specified objective
217	217	qualifications for that representation, which may be graduated
218	218	according to the degree of seriousness of the offense and whether
219	219	representation will be provided in trial court proceedings,
220	220	appellate proceedings, or both; and
221	221	(ii) are approved by a majority of the
222	222	judges of the district courts trying felony cases in the county; and
223	223	(C) [appointments for defendants in capital
224	224	cases in which the death penalty is sought comply with the
225	225	requirements of Article 26.052; and
226	226	[(D)] appointments are reasonably and
227	227	impartially allocated among qualified attorneys.
228	228	SECTION 13. Articles 26.05(a) and (d), Code of Criminal
229	229	Procedure, are amended to read as follows:
230	230	(a) A counsel, other than an attorney with a public
231	231	defender's office or an attorney who is employed by the office of
232	232	capital and forensic writs established under Subchapter B, Chapter
233	233	78, Government Code, appointed to represent a defendant in a
234	234	criminal proceeding, including a habeas corpus hearing, shall be
235	235	paid a reasonable attorney's fee for performing the following
236	236	services, based on the time and labor required, the complexity of
237	237	the case, and the experience and ability of the appointed counsel:
238	238	(1) time spent in court making an appearance on behalf
239	239	of the defendant as evidenced by a docket entry, time spent in
240	240	trial, and time spent in a proceeding in which sworn oral testimony
241	241	is elicited;
242	242	(2) reasonable and necessary time spent out of court
243	243	on the case, supported by any documentation that the court
244	244	requires;
245	245	(3) preparation of an appellate brief and preparation
246	246	and presentation of oral argument to a court of appeals or the Court
247	247	of Criminal Appeals; and
248	248	(4) preparation of a motion for rehearing.
249	249	(d) A counsel in a criminal [noncapital] case, other than an
250	250	attorney with a public defender's office, appointed to represent a
251	251	defendant under this code shall be reimbursed for reasonable and
252	252	necessary expenses, including expenses for investigation and for
253	253	mental health and other experts. Expenses incurred with prior court
254	254	approval shall be reimbursed in the [same] manner provided [for
255	255	capital cases] by Articles 26.052(f) and (g), and expenses incurred
256	256	without prior court approval shall be reimbursed in the manner
257	257	provided [for capital cases] by Article 26.052(h).
258	258	SECTION 14. The heading to Article 26.052, Code of Criminal
259	259	Procedure, is amended to read as follows:
260	260	Art. 26.052. [APPOINTMENT OF COUNSEL IN DEATH PENALTY
261	261	CASE;] REIMBURSEMENT OF [INVESTIGATIVE] EXPENSES INCURRED BY
262	262	APPOINTED COUNSEL.
263	263	SECTION 15. Section 3, Article 31.08, Code of Criminal
264	264	Procedure, is amended to read as follows:
265	265	Sec. 3. An [Except for the review of a death sentence under
266	266	Section 2(h), Article 37.071, or under Section 2(h), Article
267	267	37.072, an] appeal taken in a cause returned to the original county
268	268	under this article must be docketed in the appellate district in
269	269	which the county of original venue is located.
270	270	SECTION 16. Article 34.01, Code of Criminal Procedure, is
271	271	amended to read as follows:
272	272	Art. 34.01. SPECIAL VENIRE. A "special venire" is a writ
273	273	issued in a capital case by order of the district court, commanding
274	274	the sheriff to summon either verbally or by mail such a number of
275	275	persons, not less than 50, as the court may order, to appear before
276	276	the court on a day named in the writ from whom the jury for the trial
277	277	of such case is to be selected. Where as many as one hundred jurors
278	278	have been summoned in such county for regular service for the week
279	279	in which such capital case is set for trial, the judge of the court
280	280	having jurisdiction of a capital case in which a motion for a
281	281	special venire has been made, shall grant or refuse such motion for
282	282	a special venire, and upon such refusal require the case to be tried
283	283	by regular jurors summoned for service in such county for the week
284	284	in which such capital case is set for trial and such additional
285	285	talesmen as may be summoned by the sheriff upon order of the court
286	286	as provided in Article 34.02 of this Code[, but the clerk of such
287	287	court shall furnish the defendant or his counsel a list of the
288	288	persons summoned as provided in Article 34.04].
289	289	SECTION 17. Article 35.15(b), Code of Criminal Procedure,
290	290	is amended to read as follows:
291	291	(b) In [non-capital] felony cases [and in capital cases in
292	292	which the State does not seek the death penalty], the State and
293	293	defendant shall each be entitled to ten peremptory challenges. If
294	294	two or more defendants are tried together each defendant shall be
295	295	entitled to six peremptory challenges and the State to six for each
296	296	defendant.
297	297	SECTION 18. Article 35.16(b), Code of Criminal Procedure,
298	298	is amended to read as follows:
299	299	(b) A challenge for cause may be made by the State for any of
300	300	the following reasons:
301	301	1. That the juror has conscientious scruples in regard
302	302	to the imposition [infliction] of a sentence of imprisonment for
303	303	life without parole [the punishment of death for crime,] in a
304	304	capital case[, where the State is seeking the death penalty];
305	305	2. That the juror [he] is related within the third
306	306	degree of consanguinity or affinity, as determined under Chapter
307	307	573, Government Code, to the defendant; and
308	308	3. That the juror [he] has a bias or prejudice against
309	309	any phase of the law upon which the State is entitled to rely for
310	310	conviction or punishment.
311	311	SECTION 19. Article 35.17, Code of Criminal Procedure, is
312	312	amended to read as follows:
313	313	Art. 35.17. VOIR DIRE EXAMINATION
314	314	[1]. When the court in its discretion so directs,
315	315	[except as provided in Section 2,] the state and defendant shall
316	316	conduct the voir dire examination of prospective jurors in the
317	317	presence of the entire panel.
318	318	[2. In a capital felony case in which the State seeks
319	319	the death penalty, the court shall propound to the entire panel of
320	320	prospective jurors questions concerning the principles, as
321	321	applicable to the case on trial, of reasonable doubt, burden of
322	322	proof, return of indictment by grand jury, presumption of
323	323	innocence, and opinion. Then, on demand of the State or defendant,
324	324	either is entitled to examine each juror on voir dire individually
325	325	and apart from the entire panel, and may further question the juror
326	326	on the principles propounded by the court.]
327	327	SECTION 20. Article 35.25, Code of Criminal Procedure, is
328	328	amended to read as follows:
329	329	Art. 35.25. MAKING PEREMPTORY CHALLENGE. The [In
330	330	non-capital cases and in capital cases in which the State's
331	331	attorney has announced that he will not qualify the jury for, or
332	332	seek the death penalty, the] party desiring to challenge any juror
333	333	peremptorily shall strike the name of such juror from the list
334	334	furnished the party [him] by the clerk.
335	335	SECTION 21. Article 35.26, Code of Criminal Procedure, is
336	336	amended to read as follows:
337	337	Art. 35.26. LISTS RETURNED TO CLERK. [(a)] When the
338	338	parties have made or declined to make their peremptory challenges,
339	339	they shall deliver their lists to the clerk. The [Except as
340	340	provided in Subsection (b) of this section, the] clerk shall, if the
341	341	case be in the district court, call off the first twelve names on
342	342	the lists that have not been stricken. If the case be in the county
343	343	court, the clerk [he] shall call off the first six names on the
344	344	lists that have not been stricken. Those whose names are called
345	345	shall be the jury.
346	346	[(b) In a capital case in which the state seeks the death
347	347	penalty, the court may direct that two alternate jurors be selected
348	348	and that the first fourteen names not stricken be called off by the
349	349	clerk. The last two names to be called are the alternate jurors.]
350	350	SECTION 22. Article 36.29(a), Code of Criminal Procedure,
351	351	is amended to read as follows:
352	352	(a) Not less than twelve jurors can render and return a
353	353	verdict in a felony case. It must be concurred in by each juror and
354	354	signed by the foreman. After [Except as provided in Subsection (b),
355	355	however, after] the trial of any felony case begins and a juror dies
356	356	or, as determined by the judge, becomes disabled from sitting at any
357	357	time before the charge of the court is read to the jury, the
358	358	remainder of the jury shall have the power to render the verdict;
359	359	but when the verdict shall be rendered by less than the whole
360	360	number, it shall be signed by every member of the jury concurring in
361	361	it.
362	362	SECTION 23. Section 2(b), Article 37.07, Code of Criminal
363	363	Procedure, is amended to read as follows:
364	364	(b) If [Except as provided by Article 37.071 or 37.072, if]
365	365	a finding of guilty is returned, it shall then be the responsibility
366	366	of the judge to assess the punishment applicable to the offense;
367	367	provided, however, that (1) in any criminal action where the jury
368	368	may recommend community supervision and the defendant filed his
369	369	sworn motion for community supervision before the trial began, and
370	370	(2) in other cases where the defendant so elects in writing before
371	371	the commencement of the voir dire examination of the jury panel, the
372	372	punishment shall be assessed by the same jury, except as provided in
373	373	Section 3(c) of this article and in Article 44.29. If a finding of
374	374	guilty is returned, the defendant may, with the consent of the
375	375	attorney for the state, change his election of one who assesses the
376	376	punishment.
377	377	SECTION 24. Section 1, Article 42.01, Code of Criminal
378	378	Procedure, is amended to read as follows:
379	379	Sec. 1. A judgment is the written declaration of the court
380	380	signed by the trial judge and entered of record showing the
381	381	conviction or acquittal of the defendant. The sentence served shall
382	382	be based on the information contained in the judgment. The judgment
383	383	shall reflect:
384	384	1. The title and number of the case;
385	385	2. That the case was called and the parties appeared,
386	386	naming the attorney for the state, the defendant, and the attorney
387	387	for the defendant, or, where a defendant is not represented by
388	388	counsel, that the defendant knowingly, intelligently, and
389	389	voluntarily waived the right to representation by counsel;
390	390	3. The plea or pleas of the defendant to the offense
391	391	charged;
392	392	4. Whether the case was tried before a jury or a jury
393	393	was waived;
394	394	5. The submission of the evidence, if any;
395	395	6. In cases tried before a jury that the jury was
396	396	charged by the court;
397	397	7. The verdict or verdicts of the jury or the finding
398	398	or findings of the court;
399	399	8. In the event of a conviction that the defendant is
400	400	adjudged guilty of the offense as found by the verdict of the jury
401	401	or the finding of the court, and that the defendant be punished in
402	402	accordance with the jury's verdict or the court's finding as to the
403	403	proper punishment;
404	404	9. In the event of conviction where [death or] any
405	405	punishment is assessed that the defendant be sentenced to [death,]
406	406	a term of confinement or community supervision, or to pay a fine, as
407	407	the case may be;
408	408	10. In the event of conviction where the imposition of
409	409	sentence is suspended and the defendant is placed on community
410	410	supervision, setting forth the punishment assessed, the length of
411	411	community supervision, and the conditions of community
412	412	supervision;
413	413	11. In the event of acquittal that the defendant be
414	414	discharged;
415	415	12. The county and court in which the case was tried
416	416	and, if there was a change of venue in the case, the name of the
417	417	county in which the prosecution was originated;
418	418	13. The offense or offenses for which the defendant
419	419	was convicted;
420	420	14. The date of the offense or offenses and degree of
421	421	offense for which the defendant was convicted;
422	422	15. The term of sentence;
423	423	16. The date judgment is entered;
424	424	17. The date sentence is imposed;
425	425	18. The date sentence is to commence and any credit for
426	426	time served;
427	427	19. The terms of any order entered pursuant to Article
428	428	42.08 that the defendant's sentence is to run cumulatively or
429	429	concurrently with another sentence or sentences;
430	430	20. The terms of any plea bargain;
431	431	21. Affirmative findings entered pursuant to Article
432	432	42A.054(c) or (d);
433	433	22. The terms of any fee payment ordered under Article
434	434	42.151;
435	435	23. The defendant's thumbprint taken in accordance
436	436	with Article 38.33;
437	437	24. In the event that the judge orders the defendant to
438	438	repay a reward or part of a reward under Articles 37.073 and 42.152,
439	439	a statement of the amount of the payment or payments required to be
440	440	made;
441	441	25. In the event that the court orders restitution to
442	442	be paid to the victim, a statement of the amount of restitution
443	443	ordered and:
444	444	(A) the name and address of a person or agency
445	445	that will accept and forward restitution payments to the victim; or
446	446	(B) if the court specifically elects to have
447	447	payments made directly to the crime victim, the name and permanent
448	448	address of the victim at the time of judgment;
449	449	26. In the event that a presentence investigation is
450	450	required by Subchapter F, Chapter 42A, a statement that the
451	451	presentence investigation was done according to the applicable
452	452	provision;
453	453	27. In the event of conviction of an offense for which
454	454	registration as a sex offender is required under Chapter 62, a
455	455	statement that the registration requirement of that chapter applies
456	456	to the defendant and a statement of the age of the victim of the
457	457	offense;
458	458	28. The defendant's state identification number
459	459	required by Article [Section] 60.052(a)(2), if that number has been
460	460	assigned at the time of the judgment; and
461	461	29. The incident number required by Article [Section]
462	462	60.052(a)(4), if that number has been assigned at the time of the
463	463	judgment.
464	464	SECTION 25. Sections 1 and 3, Article 42.09, Code of
465	465	Criminal Procedure, are amended to read as follows:
466	466	Sec. 1. Except as provided in Sections 2 and 3, a defendant
467	467	shall be delivered to a jail or to the Texas Department of Criminal
468	468	Justice when his sentence is pronounced[, or his sentence to death
469	469	is announced,] by the court. The defendant's sentence begins to run
470	470	on the day it is pronounced, but with all credits, if any, allowed
471	471	by Article 42.03.
472	472	Sec. 3. If a defendant convicted of a felony is sentenced to
473	473	[death or to] life in the Texas Department of Criminal Justice or is
474	474	ineligible for release on bail pending appeal under Article
475	475	44.04(b) and gives notice of appeal, the defendant shall be
476	476	transferred to the department on a commitment pending a mandate
477	477	from the court of appeals or the Court of Criminal Appeals.
478	478	SECTION 26. Article 44.29(b), Code of Criminal Procedure,
479	479	is amended to read as follows:
480	480	(b) If the court of appeals or the Court of Criminal Appeals
481	481	awards a new trial to a defendant [other than a defendant convicted
482	482	of an offense under Section 19.03, Penal Code,] only on the basis of
483	483	an error or errors made in the punishment stage of the trial, the
484	484	cause shall stand as it would have stood in case the new trial had
485	485	been granted by the court below, except that the court shall
486	486	commence the new trial as if a finding of guilt had been returned
487	487	and proceed to the punishment stage of the trial under Subsection
488	488	(b), Section 2, Article 37.07, of this code. If the defendant
489	489	elects, the court shall empanel a jury for the sentencing stage of
490	490	the trial in the same manner as a jury is empaneled by the court for
491	491	other trials before the court. At the new trial, the court shall
492	492	allow both the state and the defendant to introduce evidence to show
493	493	the circumstances of the offense and other evidence as permitted by
494	494	Section 3 of Article 37.07 of this code.
495	495	SECTION 27. Section 6(a), Article 49.25, Code of Criminal
496	496	Procedure, is amended to read as follows:
497	497	(a) Any medical examiner, or his duly authorized deputy,
498	498	shall be authorized, and it shall be his duty, to hold inquests with
499	499	or without a jury within his county, in the following cases:
500	500	1. When a person shall die within twenty-four hours
501	501	after admission to a hospital or institution or in prison or in
502	502	jail;
503	503	2. When any person is killed; or from any cause dies an
504	504	unnatural death[, except under sentence of the law]; or dies in the
505	505	absence of one or more good witnesses;
506	506	3. When the body or a body part of a person is found,
507	507	the cause or circumstances of death are unknown, and:
508	508	(A) the person is identified; or
509	509	(B) the person is unidentified;
510	510	4. When the circumstances of the death of any person
511	511	are such as to lead to suspicion that he came to his death by
512	512	unlawful means;
513	513	5. When any person commits suicide, or the
514	514	circumstances of his death are such as to lead to suspicion that he
515	515	committed suicide;
516	516	6. When a person dies without having been attended by a
517	517	duly licensed and practicing physician, and the local health
518	518	officer or registrar required to report the cause of death under
519	519	Section 193.005, Health and Safety Code, does not know the cause of
520	520	death. When the local health officer or registrar of vital
521	521	statistics whose duty it is to certify the cause of death does not
522	522	know the cause of death, he shall so notify the medical examiner of
523	523	the county in which the death occurred and request an inquest;
524	524	7. When the person is a child who is younger than six
525	525	years of age and the death is reported under Chapter 264, Family
526	526	Code; and
527	527	8. When a person dies who has been attended
528	528	immediately preceding his death by a duly licensed and practicing
529	529	physician or physicians, and such physician or physicians are not
530	530	certain as to the cause of death and are unable to certify with
531	531	certainty the cause of death as required by Section 193.004, Health
532	532	and Safety Code. In case of such uncertainty the attending
533	533	physician or physicians, or the superintendent or general manager
534	534	of the hospital or institution in which the deceased shall have
535	535	died, shall so report to the medical examiner of the county in which
536	536	the death occurred, and request an inquest.
537	537	SECTION 28. Article 60.052(c), Code of Criminal Procedure,
538	538	is amended to read as follows:
539	539	(c) Information in the corrections tracking system relating
540	540	to the handling of offenders must include the following information
541	541	about each imprisonment or[,] confinement[, or execution] of an
542	542	offender:
543	543	(1) the date of the imprisonment or confinement;
544	544	(2) [if the offender was sentenced to death:
545	545	[(A) the date of execution; and
546	546	[(B) if the death sentence was commuted, the
547	547	sentence to which the sentence of death was commuted and the date of
548	548	commutation;
549	549	[(3)] the date the offender was released from
550	550	imprisonment or confinement and whether the release was a discharge
551	551	or a release on parole or mandatory supervision;
552	552	(3) [(4)] if the offender is released on parole or
553	553	mandatory supervision:
554	554	(A) the offense for which the offender was
555	555	convicted by offense code and incident number;
556	556	(B) the date the offender was received by an
557	557	office of the parole division;
558	558	(C) the county in which the offender resides
559	559	while under supervision;
560	560	(D) any program in which an offender is placed or
561	561	has previously been placed and the level of supervision the
562	562	offender is placed on while under the jurisdiction of the parole
563	563	division;
564	564	(E) the date a program described by Paragraph (D)
565	565	begins, the date the program ends, and whether the program was
566	566	completed successfully;
567	567	(F) the date a level of supervision described by
568	568	Paragraph (D) begins and the date the level of supervision ends;
569	569	(G) if the offender's release status is revoked,
570	570	the reason for the revocation and the date of revocation;
571	571	(H) the expiration date of the sentence; and
572	572	(I) the date of the offender's release from the
573	573	parole division or the date on which the offender is granted
574	574	clemency; and
575	575	(4) [(5)] if the offender is released under Article
576	576	42A.202(b), the date of the offender's release.
577	577	SECTION 29. Article 64.01(c), Code of Criminal Procedure,
578	578	is amended to read as follows:
579	579	(c) A convicted person is entitled to counsel during a
580	580	proceeding under this chapter. The convicting court shall appoint
581	581	counsel for the convicted person if the person informs the court
582	582	that the person wishes to submit a motion under this chapter, the
583	583	court finds reasonable grounds for a motion to be filed, and the
584	584	court determines that the person is indigent. Counsel must be
585	585	appointed under this subsection not later than the 45th day after
586	586	the date the court finds reasonable grounds or the date the court
587	587	determines that the person is indigent, whichever is later.
588	588	Compensation of counsel is provided in the same manner as is
589	589	required by[:
590	590	[(1) Article 11.071 for the representation of a
591	591	petitioner convicted of a capital felony; and
592	592	[(2)] Chapter 26 for the representation in a habeas
593	593	corpus hearing of an indigent defendant convicted of a felony other
594	594	than a capital felony.
595	595	SECTION 30. Article 64.05, Code of Criminal Procedure, is
596	596	amended to read as follows:
597	597	Art. 64.05. APPEALS. An appeal under this chapter is to a
598	598	court of appeals in the same manner as an appeal of any other
599	599	criminal matter[, except that if the convicted person was convicted
600	600	in a capital case and was sentenced to death, the appeal is a direct
601	601	appeal to the court of criminal appeals].
602	602	SECTION 31. Sections 78.054(a) and (b), Government Code,
603	603	are amended to read as follows:
604	604	(a) The office may not accept an appointment under Article
605	605	11.071, Code of Criminal Procedure, as that article existed before
606	606	September 1, 2017, if:
607	607	(1) a conflict of interest exists;
608	608	(2) the office has insufficient resources to provide
609	609	adequate representation for the defendant;
610	610	(3) the office is incapable of providing
611	611	representation for the defendant in accordance with the rules of
612	612	professional conduct; or
613	613	(4) other good cause is shown for not accepting the
614	614	appointment.
615	615	(b) The office may not represent a defendant in a federal
616	616	habeas review. The office may not represent a defendant in an action
617	617	or proceeding in state court other than an action or proceeding
618	618	that:
619	619	(1) is conducted under Article 11.071, Code of
620	620	Criminal Procedure, as that article existed before September 1,
621	621	2017;
622	622	(2) is collateral to the preparation of an application
623	623	under Article 11.071, Code of Criminal Procedure, as that article
624	624	existed before September 1, 2017;
625	625	(3) concerns any other post-conviction matter in a
626	626	death penalty case other than a direct appeal, including an action
627	627	or proceeding under Article 46.05 or Chapter 64, Code of Criminal
628	628	Procedure; or
629	629	(4) is conducted under Article 11.073, Code of
630	630	Criminal Procedure, or is collateral to the preparation of an
631	631	application under Article 11.073, Code of Criminal Procedure, if
632	632	the case was referred in writing to the office by the Texas Forensic
633	633	Science Commission under Section 4(h), Article 38.01, Code of
634	634	Criminal Procedure.
635	635	SECTION 32. Section 78.055, Government Code, is amended to
636	636	read as follows:
637	637	Sec. 78.055. COMPENSATION OF OTHER APPOINTED ATTORNEYS. If
638	638	it is necessary that an attorney other than an attorney employed by
639	639	the office be appointed, that attorney shall be compensated as
640	640	provided by Article [Articles] 11.071 [and 26.05], Code of Criminal
641	641	Procedure, as that article existed before September 1, 2017, and by
642	642	Article 26.05, Code of Criminal Procedure.
643	643	SECTION 33. Section 78.056(a), Government Code, is amended
644	644	to read as follows:
645	645	(a) The presiding judges of the administrative judicial
646	646	regions shall maintain a statewide list of competent counsel
647	647	available for appointment under Section 2(f), Article 11.071, Code
648	648	of Criminal Procedure, as that article existed before September 1,
649	649	2017, if the office does not accept or is prohibited from accepting
650	650	an appointment under Section 78.054. Each attorney on the list:
651	651	(1) must exhibit proficiency and commitment to
652	652	providing quality representation to defendants in death penalty
653	653	cases; and
654	654	(2) may not have been found by a state or federal court
655	655	to have rendered ineffective assistance of counsel during the trial
656	656	or appeal of a death penalty case.
657	657	SECTION 34. Section 508.145(a), Government Code, is amended
658	658	to read as follows:
659	659	(a) An inmate [under sentence of death,] serving a sentence
660	660	of life imprisonment without parole, serving a sentence for an
661	661	offense under Section 21.02, Penal Code, or serving a sentence for
662	662	an offense under Section 22.021, Penal Code, that is punishable
663	663	under Subsection (f) of that section is not eligible for release on
664	664	parole.
665	665	SECTION 35. Sections 508.146(a) and (f), Government Code,
666	666	are amended to read as follows:
667	667	(a) An inmate other than an inmate who is serving a sentence
668	668	of [death or] life without parole may be released on medically
669	669	recommended intensive supervision on a date designated by a parole
670	670	panel described by Subsection (e), except that an inmate with an
671	671	instant offense that is an offense described in Article 42A.054,
672	672	Code of Criminal Procedure, or an inmate who has a reportable
673	673	conviction or adjudication under Chapter 62, Code of Criminal
674	674	Procedure, may only be considered if a medical condition of
675	675	terminal illness or long-term care has been diagnosed by a
676	676	physician, if:
677	677	(1) the Texas Correctional Office on Offenders with
678	678	Medical or Mental Impairments, in cooperation with the Correctional
679	679	Managed Health Care Committee, identifies the inmate as being:
680	680	(A) a person who is elderly or terminally ill, a
681	681	person with mental illness, an intellectual disability, or a
682	682	physical disability, or a person who has a condition requiring
683	683	long-term care, if the inmate is an inmate with an instant offense
684	684	that is described in Article 42A.054, Code of Criminal Procedure;
685	685	or
686	686	(B) in a persistent vegetative state or being a
687	687	person with an organic brain syndrome with significant to total
688	688	mobility impairment, if the inmate is an inmate who has a reportable
689	689	conviction or adjudication under Chapter 62, Code of Criminal
690	690	Procedure;
691	691	(2) the parole panel determines that, based on the
692	692	inmate's condition and a medical evaluation, the inmate does not
693	693	constitute a threat to public safety; and
694	694	(3) the Texas Correctional Office on Offenders with
695	695	Medical or Mental Impairments, in cooperation with the pardons and
696	696	paroles division, has prepared for the inmate a medically
697	697	recommended intensive supervision plan that requires the inmate to
698	698	submit to electronic monitoring, places the inmate on
699	699	super-intensive supervision, or otherwise ensures appropriate
700	700	supervision of the inmate.
701	701	(f) An inmate who is not a citizen of the United States, as
702	702	defined by federal law, who is not under a sentence of [death or]
703	703	life without parole, and who does not have a reportable conviction
704	704	or adjudication under Chapter 62, Code of Criminal Procedure, or an
705	705	instant offense described in Article 42A.054, Code of Criminal
706	706	Procedure, may be released to immigration authorities pending
707	707	deportation on a date designated by a parole panel described by
708	708	Subsection (e) if the parole panel determines that on release the
709	709	inmate would be deported to another country and that the inmate does
710	710	not constitute a threat to public safety in the other country or
711	711	this country and is unlikely to reenter this country illegally.
712	712	SECTION 36. Section 552.134(b), Government Code, is amended
713	713	to read as follows:
714	714	(b) Subsection (a) does not apply to[:
715	715	[(1)] statistical or other aggregated information
716	716	relating to inmates confined in one or more facilities operated by
717	717	or under a contract with the department[; or
718	718	[(2) information about an inmate sentenced to death].
719	719	SECTION 37. Section 557.012(b), Government Code, is amended
720	720	to read as follows:
721	721	(b) An offense under this section is punishable by[:
722	722	[(1) death; or
723	723	[(2)] confinement in the Texas Department of Criminal
724	724	Justice for:
725	725	(1) [(A)] life; or
726	726	(2) [(B)] a term of not less than two years.
727	727	SECTION 38. Section 46.03(a), Penal Code, is amended to
728	728	read as follows:
729	729	(a) A person commits an offense if the person intentionally,
730	730	knowingly, or recklessly possesses or goes with a firearm, illegal
731	731	knife, club, or prohibited weapon listed in Section 46.05(a):
732	732	(1) on the physical premises of a school or
733	733	educational institution, any grounds or building on which an
734	734	activity sponsored by a school or educational institution is being
735	735	conducted, or a passenger transportation vehicle of a school or
736	736	educational institution, whether the school or educational
737	737	institution is public or private, unless:
738	738	(A) pursuant to written regulations or written
739	739	authorization of the institution; or
740	740	(B) the person possesses or goes with a concealed
741	741	handgun that the person is licensed to carry under Subchapter H,
742	742	Chapter 411, Government Code, and no other weapon to which this
743	743	section applies, on the premises of an institution of higher
744	744	education or private or independent institution of higher
745	745	education, on any grounds or building on which an activity
746	746	sponsored by the institution is being conducted, or in a passenger
747	747	transportation vehicle of the institution;
748	748	(2) on the premises of a polling place on the day of an
749	749	election or while early voting is in progress;
750	750	(3) on the premises of any government court or offices
751	751	utilized by the court, unless pursuant to written regulations or
752	752	written authorization of the court;
753	753	(4) on the premises of a racetrack;
754	754	(5) in or into a secured area of an airport; or
755	755	(6) within 1,000 feet of premises the location of
756	756	which is designated by the Texas Department of Criminal Justice as a
757	757	place of execution [under Article 43.19, Code of Criminal
758	758	Procedure,] on a day that a sentence of death is set to be imposed on
759	759	the designated premises and the person received notice that:
760	760	(A) going within 1,000 feet of the premises with
761	761	a weapon listed under this subsection was prohibited; or
762	762	(B) possessing a weapon listed under this
763	763	subsection within 1,000 feet of the premises was prohibited.
764	764	SECTION 39. The following provisions of the Code of
765	765	Criminal Procedure are repealed:
766	766	(1) Article 11.071;
767	767	(2) Articles 26.044(a)(2) and (n);
768	768	(3) Articles 26.052(a), (b), (c), (d), (e), (i), (j),
769	769	(k), (l), (m), and (n);
770	770	(4) Article 34.04;
771	771	(5) Articles 35.13, 35.15(a), and 35.29(c);
772	772	(6) Article 36.29(b);
773	773	(7) Articles 37.071, 37.0711, and 37.072;
774	774	(8) Articles 38.43(i), (j), (k), (l), and (m);
775	775	(9) Article 42.04;
776	776	(10) Articles 43.14, 43.141, 43.15, 43.16, 43.17,
777	777	43.18, 43.19, 43.20, 43.21, 43.22, 43.23, 43.24, and 43.25;
778	778	(11) Articles 44.251, 44.2511, and 44.29(c) and (d);
779	779	and
780	780	(12) Article 46.05.
781	781	SECTION 40. The changes in law made by this Act apply only
782	782	to a criminal case in which the indictment in the case is filed on or
783	783	after the effective date of this Act. A criminal case in which the
784	784	indictment was filed before the effective date of this Act is
785	785	governed by the law in effect when the indictment was filed, and the
786	786	former law is continued in effect for that purpose.
787	787	SECTION 41. This Act takes effect September 1, 2019.