| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 87R3420 EAS-D | |
| 2 | 2 | By: Dutton H.B. No. 688 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to the extent of a defendant's criminal responsibility for | |
| 8 | 8 | the conduct of a coconspirator in a capital murder case. | |
| 9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 10 | 10 | SECTION 1. Section 7.02(b), Penal Code, is amended to read | |
| 11 | 11 | as follows: | |
| 12 | 12 | (b) If, in the attempt to carry out a conspiracy to commit | |
| 13 | 13 | one felony, another felony is committed by one of the conspirators, | |
| 14 | 14 | all conspirators are guilty of the felony actually committed, | |
| 15 | 15 | though having no intent to commit it, provided that [if] the offense | |
| 16 | 16 | was committed in furtherance of the unlawful purpose and was one | |
| 17 | 17 | that should have been anticipated as a result of the carrying out of | |
| 18 | 18 | the conspiracy. This subsection does not apply to the prosecution | |
| 19 | 19 | of the offense of capital murder. | |
| 20 | 20 | SECTION 2. The change in law made by this Act applies only | |
| 21 | 21 | to the prosecution of an offense committed on or after the effective | |
| 22 | 22 | date of this Act. The prosecution of an offense committed before the | |
| 23 | 23 | effective date of this Act is governed by the law in effect on the | |
| 24 | 24 | date the offense was committed, and the former law is continued in | |
| 25 | 25 | effect for that purpose. For purposes of this section, an offense | |
| 26 | 26 | was committed before the effective date of this Act if any element | |
| 27 | 27 | of the offense occurred before that date. | |
| 28 | 28 | SECTION 3. This Act takes effect September 1, 2021. |