| 1 | 1 | | 86R10122 KJE-F |
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| 2 | 2 | | By: Leach H.B. No. 4113 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the extent of a defendant's criminal responsibility for |
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| 8 | 8 | | the conduct of a coconspirator in certain capital felony cases. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 1, Article 37.071, Code of Criminal |
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| 11 | 11 | | Procedure, is amended to read as follows: |
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| 12 | 12 | | Sec. 1. (a) If a defendant is found guilty in a capital |
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| 13 | 13 | | felony case in which the state does not seek the death penalty or in |
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| 14 | 14 | | a capital felony case described by Subsection (b), the judge shall |
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| 15 | 15 | | sentence the defendant to life imprisonment or to life imprisonment |
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| 16 | 16 | | without parole as required by Section 12.31, Penal Code. |
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| 17 | 17 | | (b) A defendant who is found guilty in a capital felony case |
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| 18 | 18 | | in which the jury charge at the guilt or innocence stage permitted |
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| 19 | 19 | | the jury to find the defendant guilty as a party under Section |
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| 20 | 20 | | 7.02(b), Penal Code, may not be sentenced to death. |
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| 21 | 21 | | SECTION 2. Section 2, Article 37.0711, Code of Criminal |
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| 22 | 22 | | Procedure, is amended to read as follows: |
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| 23 | 23 | | Sec. 2. (a) If a defendant is found guilty in a case in |
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| 24 | 24 | | which the state does not seek the death penalty or in a case |
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| 25 | 25 | | described by Subsection (b), the judge shall sentence the defendant |
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| 26 | 26 | | to life imprisonment. |
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| 27 | 27 | | (b) A defendant who is found guilty in a capital felony case |
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| 28 | 28 | | in which the jury charge at the guilt or innocence stage permitted |
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| 29 | 29 | | the jury to find the defendant guilty as a party under Section |
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| 30 | 30 | | 7.02(b), Penal Code, may not be sentenced to death. |
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| 31 | 31 | | SECTION 3. The change in law made by this Act applies to a |
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| 32 | 32 | | criminal proceeding that commences on or after the effective date |
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| 33 | 33 | | of this Act. A criminal proceeding that commences before the |
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| 34 | 34 | | effective date of this Act is governed by the law in effect on the |
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| 35 | 35 | | date the proceeding commenced, and the former law is continued in |
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| 36 | 36 | | effect for that purpose. |
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| 37 | 37 | | SECTION 4. This Act takes effect September 1, 2019. |
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