Texas 2021 - 87th Regular

Texas House Bill HB1340 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R16414 EAS-F
1	2		By: Leach, Thompson of Harris, Dutton, H.B. No. 1340
2	3		Smithee, Collier, et al.
	4	+	Substitute the following for H.B. No. 1340:
	5	+	By: Crockett C.S.H.B. No. 1340
3	6
4	7
5	8		A BILL TO BE ENTITLED
6	9		AN ACT
7	10		relating to the extent of a defendant's criminal responsibility for
8		-	the conduct of a coconspirator in a capital murder case and the
9		-	review of certain convictions by the Board of Pardons and Paroles.
	11	+	the conduct of a coconspirator in a capital murder case.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. Section 2(b), Article 37.071, Code of Criminal
12	14		Procedure, is amended to read as follows:
13	15		(b) On conclusion of the presentation of the evidence, the
14	16		court shall submit the following issues to the jury:
15	17		(1) whether there is a probability that the defendant
16	18		would commit criminal acts of violence that would constitute a
17	19		continuing threat to society; and
18	20		(2) in cases in which the jury charge at the guilt or
19	21		innocence stage permitted the jury to find the defendant guilty as a
20	22		party under Sections 7.01 and 7.02, Penal Code, whether the
21	23		defendant actually caused the death of the deceased or did not
22	24		actually cause the death of the deceased but intended to kill the
23	25		deceased or another [or anticipated that a human life would be
24	26		taken].
25	27		SECTION 2. Section 7.02(b), Penal Code, is amended to read
26	28		as follows:
27	29		(b) If, in the attempt to carry out a conspiracy to commit
28	30		one felony, another felony is committed by one of the conspirators,
29	31		all conspirators are guilty of the felony actually committed,
30	32		though having no intent to commit it, provided that [if] the offense
31	33		was committed in furtherance of the unlawful purpose and was one
32	34		that should have been anticipated as a result of the carrying out of
33	35		the conspiracy. This subsection does not apply to the prosecution
34	36		of the offense of capital murder.
35	37		SECTION 3. Subchapter A, Chapter 7, Penal Code, is amended
36	38		by adding Section 7.021 to read as follows:
37	39		Sec. 7.021. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER
38	40		CONSPIRATOR IN CAPITAL MURDER CASES. (a) If, in the attempt to
39	41		carry out a conspiracy to commit one felony, a capital murder is
40	42		committed by one of the conspirators, a conspirator is guilty of the
41	43		capital murder, though having no intent to commit it, provided
42	44		that:
43	45		(1) the conspirator is a major participant in the
44	46		conspiracy;
45	47		(2) in attempting to carry out the conspiracy, the
46	48		conspirator acts with reckless indifference to human life; and
47	49		(3) the capital murder was committed in furtherance of
48		-	~~the~~ unlawful purpose ~~of the conspiracy~~.
	50	+	an unlawful purpose.
49	51		(b) For purposes of Subsection (a):
50	52		(1) a conspirator is a major participant if the
51	53		conspirator plans, organizes, directs, or otherwise substantially
52	54		participates in the specific conduct that results in the death of a
53	55		victim; and
54	56		(2) a conspirator acts with reckless indifference to
55	57		human life if the conspirator is aware of but consciously
56	58		disregards a substantial and unjustifiable risk that another
57	59		conspirator intends to commit an act that is clearly dangerous to
58	60		human life.
59		-	SECTION 4. Not later than January 1, 2022, the Board of
60		-	Pardons and Paroles shall review the criminal conviction of each
61		-	inmate who is serving a sentence of death and found guilty only as a
62		-	party under Section 7.02(b), Penal Code, to identify appropriate
63		-	inmates to recommend to the governor for purposes of granting
64		-	clemency.
65		-	SECTION 5. The change in law made by this Act applies only
	61	+	SECTION 4. The change in law made by this Act applies only
66	62		to the prosecution of an offense committed on or after the effective
67	63		date of this Act. The prosecution of an offense committed before the
68	64		effective date of this Act is governed by the law in effect on the
69	65		date the offense was committed, and the former law is continued in
70	66		effect for that purpose. For purposes of this section, an offense
71	67		was committed before the effective date of this Act if any element
72	68		of the offense occurred before that date.
73		-	SECTION 6. This Act takes effect September 1, 2021.
	69	+	SECTION 5. This Act takes effect September 1, 2021.