Texas House Bill HB3938

Texas 2019 - 86th Regular

Caption

Relating to the consideration of the views of a close relative of a deceased victim regarding the imposition of the death penalty in a capital case.

Impact

The implementation of HB 3938 is likely to influence how courts conduct sentencing hearings for capital cases. By mandating that courts consider victim impact statements from relatives, it potentially shifts the balance of sentencing debates, enabling families to articulate their feelings and perspectives on the death penalty. This change could lead to greater emotional weight in jury deliberations and influence outcomes in cases where the death penalty is a potential sentence.

Summary

House Bill 3938 addresses the role of close relatives of deceased victims in capital punishment cases in Texas. It modifies Article 37.071 of the Code of Criminal Procedure, specifying that during sentencing proceedings for defendants found guilty of capital offenses, the court must consider the views of the deceased victim's close relatives regarding the imposition of the death penalty. This inclusion aims to provide a voice to family members who may have strong opinions about the appropriateness of a death sentence based on the circumstances of the crime and the character of the defendant.

Contention

Notably, the bill marks a significant legal shift and raises several points of contention. Critics may argue that it introduces an emotional element into an already complex legal process, which could lead juries to base decisions on sentiment rather than legal criteria. Additionally, opponents might express concerns over the potential for bias in favor of victim families during sentencing, questioning whether this adjustment could undermine the fairness of the judicial process. Proponents, however, may defend the bill as a necessary recognition of the real-life consequences of capital offenses on victims' families, arguing for their rightful participation in the legal proceedings that affect their lives.