By: Leach, Thompson of Harris, Dutton, H.B. No. 1340
Smithee, Collier, et al.
A BILL TO BE ENTITLED
AN ACT
relating to the extent of a defendant's criminal responsibility for
the conduct of a coconspirator in a capital murder case and the
review of certain convictions by the Board of Pardons and Paroles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2(b), Article 37.071, Code of Criminal
Procedure, is amended to read as follows:
(b) On conclusion of the presentation of the evidence, the
court shall submit the following issues to the jury:
(1) whether there is a probability that the defendant
would commit criminal acts of violence that would constitute a
continuing threat to society; and
(2) in cases in which the jury charge at the guilt or
innocence stage permitted the jury to find the defendant guilty as a
party under Sections 7.01 and 7.02, Penal Code, whether the
defendant actually caused the death of the deceased or did not
actually cause the death of the deceased but intended to kill the
deceased or another [or anticipated that a human life would be
taken].
SECTION 2. Section 7.02(b), Penal Code, is amended to read
as follows:
(b) If, in the attempt to carry out a conspiracy to commit
one felony, another felony is committed by one of the conspirators,
all conspirators are guilty of the felony actually committed,
though having no intent to commit it, provided that [if] the offense
was committed in furtherance of the unlawful purpose and was one
that should have been anticipated as a result of the carrying out of
the conspiracy. This subsection does not apply to the prosecution
of the offense of capital murder.
SECTION 3. Subchapter A, Chapter 7, Penal Code, is amended
by adding Section 7.021 to read as follows:
Sec. 7.021. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER
CONSPIRATOR IN CAPITAL MURDER CASES. (a) If, in the attempt to
carry out a conspiracy to commit one felony, a capital murder is
committed by one of the conspirators, a conspirator is guilty of the
capital murder, though having no intent to commit it, provided
that:
(1) the conspirator is a major participant in the
conspiracy;
(2) in attempting to carry out the conspiracy, the
conspirator acts with reckless indifference to human life; and
(3) the capital murder was committed in furtherance of
the unlawful purpose of the conspiracy.
(b) For purposes of Subsection (a):
(1) a conspirator is a major participant if the
conspirator plans, organizes, directs, or otherwise substantially
participates in the specific conduct that results in the death of a
victim; and
(2) a conspirator acts with reckless indifference to
human life if the conspirator is aware of but consciously
disregards a substantial and unjustifiable risk that another
conspirator intends to commit an act that is clearly dangerous to
human life.
SECTION 4. Not later than January 1, 2022, the Board of
Pardons and Paroles shall review the criminal conviction of each
inmate who is serving a sentence of death and found guilty only as a
party under Section 7.02(b), Penal Code, to identify appropriate
inmates to recommend to the governor for purposes of granting
clemency.
SECTION 5. The change in law made by this Act applies only
to the prosecution of an offense committed on or after the effective
date of this Act. The prosecution of an offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense
was committed before the effective date of this Act if any element
of the offense occurred before that date.
SECTION 6. This Act takes effect September 1, 2021.