| 1 | 1 | | 88R3772 CJD-D |
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| 2 | 2 | | By: Wu H.B. No. 1362 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the punishment for a capital felony committed by an |
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| 8 | 8 | | individual younger than 21 years of age. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 8.07(c), Penal Code, is amended to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | (c) No person may, in any case, be punished by death for an |
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| 13 | 13 | | offense committed while the person was younger than 21 [18] years. |
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| 14 | 14 | | SECTION 2. Section 12.31, Penal Code, is amended to read as |
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| 15 | 15 | | follows: |
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| 16 | 16 | | Sec. 12.31. CAPITAL FELONY. (a) An individual adjudged |
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| 17 | 17 | | guilty of a capital felony in a case in which the state seeks the |
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| 18 | 18 | | death penalty shall be punished by imprisonment in the Texas |
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| 19 | 19 | | Department of Criminal Justice for life without parole or by |
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| 20 | 20 | | death. An individual adjudged guilty of a capital felony in a case |
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| 21 | 21 | | in which the state does not seek the death penalty shall be punished |
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| 22 | 22 | | by imprisonment in the Texas Department of Criminal Justice for: |
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| 23 | 23 | | (1) life, if the individual committed the offense when |
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| 24 | 24 | | younger than 21 [18] years of age; or |
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| 25 | 25 | | (2) life without parole, if the individual committed |
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| 26 | 26 | | the offense when 21 [18] years of age or older. |
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| 27 | 27 | | (b) In a capital felony trial in which the state seeks the |
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| 28 | 28 | | death penalty, prospective jurors shall be informed that a sentence |
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| 29 | 29 | | of life imprisonment without parole or death is mandatory on |
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| 30 | 30 | | conviction of a capital felony. In a capital felony trial in which |
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| 31 | 31 | | the state does not seek the death penalty, prospective jurors shall |
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| 32 | 32 | | be informed that the state is not seeking the death penalty and |
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| 33 | 33 | | that: |
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| 34 | 34 | | (1) a sentence of life imprisonment is mandatory on |
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| 35 | 35 | | conviction of the capital felony, if the individual committed the |
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| 36 | 36 | | offense when younger than 21 [18] years of age; or |
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| 37 | 37 | | (2) a sentence of life imprisonment without parole is |
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| 38 | 38 | | mandatory on conviction of the capital felony, if the individual |
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| 39 | 39 | | committed the offense when 21 [18] years of age or older. |
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| 40 | 40 | | SECTION 3. The change in law made by this Act: |
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| 41 | 41 | | (1) applies to a criminal action pending, on appeal, |
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| 42 | 42 | | or commenced on or after the effective date of this Act, regardless |
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| 43 | 43 | | of whether the criminal action is based on an offense committed |
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| 44 | 44 | | before, on, or after the effective date of this Act; and |
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| 45 | 45 | | (2) does not affect a final conviction that exists on |
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| 46 | 46 | | the effective date of this Act. |
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| 47 | 47 | | SECTION 4. This Act takes effect September 1, 2023. |
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