87R3339 MEW-F
By: Lucio S.B. No. 189
A BILL TO BE ENTITLED
AN ACT
relating to certain sentencing procedures in a capital case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2(a)(1), Article 37.071, Code of
Criminal Procedure, is amended to read as follows:
(1) If a defendant is tried for a capital offense in
which the state seeks the death penalty, on a finding that the
defendant is guilty of a capital offense, the court shall conduct a
separate sentencing proceeding to determine whether the defendant
shall be sentenced to death or life imprisonment without
parole. The proceeding shall be conducted in the trial court and,
except as provided by Article 44.29(c) [of this code], before the
trial jury as soon as practicable. In the proceeding, evidence may
be presented by the state and the defendant or the defendant's
counsel as to any matter that the court deems relevant to sentence,
including evidence of the defendant's background or character or
the circumstances of the offense that mitigates against the
imposition of the death penalty. This subdivision shall not be
construed to authorize the introduction of any evidence secured in
violation of the Constitution of the United States or of the State
of Texas. The state and the defendant or the defendant's counsel
shall be permitted to present argument for or against sentence of
death. The introduction of evidence of extraneous conduct is
governed by the notice requirements of Section 3(g), Article
37.07. [The court, the attorney representing the state, the
defendant, or the defendant's counsel may not inform a juror or a
prospective juror of the effect of a failure of a jury to agree on
issues submitted under Subsection (c) or (e).]
SECTION 2. Section 2(d), Article 37.071, Code of Criminal
Procedure, is amended to read as follows:
(d) The court shall charge the jury that:
(1) in deliberating on the issues submitted under
Subsection (b) [of this article], the jury [it] shall consider all
evidence admitted at the guilt or innocence stage and the
punishment stage, including evidence of the defendant's background
or character or the circumstances of the offense that militates for
or mitigates against the imposition of the death penalty;
(2) the jury [it] may not answer any issue submitted
under Subsection (b) [of this article] "yes" unless the jury [it]
agrees unanimously [and it may not answer any issue "no" unless 10
or more jurors agree]; and
(3) members of the jury need not agree on what
particular evidence supports a negative answer to any issue
submitted under Subsection (b) [of this article].
SECTION 3. Section 2(f), Article 37.071, Code of Criminal
Procedure, is amended to read as follows:
(f) The court shall charge the jury that in answering the
issue submitted under Subsection (e) [of this article], the jury:
(1) shall answer the issue "yes" or "no";
(2) may not answer the issue "no" unless the jury [it]
agrees unanimously [and may not answer the issue "yes" unless 10 or
more jurors agree];
(3) need not agree on what particular evidence
supports an affirmative finding on the issue; and
(4) shall consider mitigating evidence to be evidence
that a juror might regard as reducing the defendant's moral
blameworthiness.
SECTION 4. The change in law made by this Act applies only
to a criminal proceeding that commences on or after the effective
date of this Act. A criminal proceeding that commenced 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 5. This Act takes effect September 1, 2021.