86R5863 MAW-D
By: Moody H.B. No. 3938
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2(a)(1), Article 37.071, Code of
Criminal Procedure, is amended to read as follows:
(1) If a defendant is tried for a capital offense in
which the state seeks the death penalty, on a finding that the
defendant is guilty of a capital offense, the court shall conduct a
separate sentencing proceeding to determine whether the defendant
shall be sentenced to death or life imprisonment without parole.
The proceeding shall be conducted in the trial court and, except as
provided by Article 44.29(c) [of this code], before the trial jury
as soon as practicable. In the proceeding, evidence may be
presented by the state and the defendant or the defendant's counsel
as to any matter that the court considers [deems] relevant to
sentence, including evidence of the defendant's background or
character or the circumstances of the offense that mitigates
against the imposition of the death penalty and evidence of the
views of a close relative of a deceased victim, as defined by
Article 56.01, regarding the imposition of the death penalty in the
case. This subdivision does [shall] not [be construed to] authorize
the introduction of any evidence secured in violation of the
Constitution of the United States or of the State of Texas. The
state and the defendant or the defendant's counsel shall be
permitted to present argument for or against sentence of death. The
introduction of evidence of extraneous conduct is governed by the
notice requirements of Section 3(g), Article 37.07. The court, the
attorney representing the state, the defendant, or the defendant's
counsel may not inform a juror or a prospective juror of the effect
of a failure of a jury to agree on issues submitted under Subsection
(c) or (e).
SECTION 2. 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], 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 and evidence of the
views of a close relative of a deceased victim, as defined by
Article 56.01, regarding the imposition of the death penalty in the
case;
(2) it may not answer any issue submitted under
Subsection (b) of this article "yes" unless it agrees unanimously
and it may not answer 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 3. Section 2(e)(1), Article 37.071, Code of
Criminal Procedure, is amended to read as follows:
(1) The court shall instruct the jury that if the jury
returns an affirmative finding to each issue submitted under
Subsection (b), it shall answer the following issue:
Whether, taking into consideration all of the evidence,
including the circumstances of the offense, the defendant's
character and background, [and] the personal moral culpability of
the defendant, and the views of a close relative of a deceased
victim, as defined by Article 56.01, regarding the imposition of
the death penalty in the case, there is a sufficient mitigating
circumstance or circumstances to warrant that a sentence of life
imprisonment without parole rather than a death sentence be
imposed.
SECTION 4. 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 5. This Act takes effect September 1, 2019.