86R10122 KJE-F
By: Leach H.B. No. 4113
A BILL TO BE ENTITLED
AN ACT
relating to the extent of a defendant's criminal responsibility for
the conduct of a coconspirator in certain capital felony cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1, Article 37.071, Code of Criminal
Procedure, is amended to read as follows:
Sec. 1. (a) If a defendant is found guilty in a capital
felony case in which the state does not seek the death penalty or in
a capital felony case described by Subsection (b), the judge shall
sentence the defendant to life imprisonment or to life imprisonment
without parole as required by Section 12.31, Penal Code.
(b) A defendant who is found guilty in a capital felony case
in which the jury charge at the guilt or innocence stage permitted
the jury to find the defendant guilty as a party under Section
7.02(b), Penal Code, may not be sentenced to death.
SECTION 2. Section 2, Article 37.0711, Code of Criminal
Procedure, is amended to read as follows:
Sec. 2. (a) If a defendant is found guilty in a case in
which the state does not seek the death penalty or in a case
described by Subsection (b), the judge shall sentence the defendant
to life imprisonment.
(b) A defendant who is found guilty in a capital felony case
in which the jury charge at the guilt or innocence stage permitted
the jury to find the defendant guilty as a party under Section
7.02(b), Penal Code, may not be sentenced to death.
SECTION 3. The change in law made by this Act applies to a
criminal proceeding that commences on or after the effective date
of this Act. A criminal proceeding that commences 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 4. This Act takes effect September 1, 2019.