Texas 2023 - 88th Regular

Texas House Bill HB142 Compare Versions

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1	1	By: Moody H.B. No. 142
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to abolishing the death penalty.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 12.31, Penal Code, is amended to read as
9	9	follows:
10	10	Sec. 12.31. CAPITAL FELONY. (a) An individual adjudged
11	11	guilty of a capital felony [in a case in which the state seeks the
12	12	death penalty shall be punished by imprisonment in the Texas
13	13	Department of Criminal Justice for life without parole or by death.
14	14	An individual adjudged guilty of a capital felony in a case in which
15	15	the state does not seek the death penalty] shall be punished by
16	16	imprisonment in the Texas Department of Criminal Justice for:
17	17	(1) life, if the individual committed the offense when
18	18	younger than 18 years of age; or
19	19	(2) life without parole, if the individual committed
20	20	the offense when 18 years of age or older.
21	21	(b) In a capital felony trial [in which the state seeks the
22	22	death penalty, prospective jurors shall be informed that a sentence
23	23	of life imprisonment without parole or death is mandatory on
24	24	conviction of a capital felony. In a capital felony trial in which
25	25	the state does not seek the death penalty], prospective jurors
26	26	shall be informed [that the state is not seeking the death penalty
27	27	and] that:
28	28	(1) a sentence of life imprisonment is mandatory on
29	29	conviction of the capital felony, if the individual committed the
30	30	offense when younger than 18 years of age; or
31	31	(2) a sentence of life imprisonment without parole is
32	32	mandatory on conviction of the capital felony, if the individual
33	33	committed the offense when 18 years of age or older.
34	34	SECTION 2. Articles 1.13(a) and (b), Code of Criminal
35	35	Procedure, are amended to read as follows:
36	36	(a) Subject to Subsection (b), the [The] defendant in a
37	37	criminal prosecution for any offense is entitled [other than a
38	38	capital felony case in which the state notifies the court and the
39	39	defendant that it will seek the death penalty shall have the right],
40	40	upon entering a plea, to waive the right of trial by jury,
41	41	conditioned, however, that, except as provided by Article 27.19,
42	42	the waiver must be made in person by the defendant in writing in
43	43	open court with the consent and approval of the court, and the
44	44	attorney representing the state. The consent and approval by the
45	45	court shall be entered of record on the minutes of the court, and
46	46	the consent and approval of the attorney representing the state
47	47	shall be in writing, signed by that attorney, and filed in the
48	48	papers of the cause before the defendant enters the defendant's
49	49	plea.
50	50	(b) In a capital felony case [in which the attorney
51	51	representing the State notifies the court and the defendant that it
52	52	will not seek the death penalty], the defendant may waive the right
53	53	to trial by jury but only if the attorney representing the State, in
54	54	writing and in open court, consents to the waiver.
55	55	SECTION 3. Articles 26.04(b) and (g), Code of Criminal
56	56	Procedure, are amended to read as follows:
57	57	(b) Procedures adopted under Subsection (a) shall:
58	58	(1) authorize only the judges of the county courts,
59	59	statutory county courts, and district courts trying criminal cases
60	60	in the county, or the judges' designee, to appoint counsel for
61	61	indigent defendants in the county;
62	62	(2) apply to each appointment of counsel made by a
63	63	judge or the judges' designee in the county;
64	64	(3) ensure that each indigent defendant in the county
65	65	who is charged with a misdemeanor punishable by confinement or with
66	66	a felony and who appears in court without counsel has an opportunity
67	67	to confer with appointed counsel before the commencement of
68	68	judicial proceedings;
69	69	(4) [require appointments for defendants in capital
70	70	cases in which the death penalty is sought to comply with any
71	71	applicable requirements under Articles 11.071 and 26.052;
72	72	[(5)] ensure that each attorney appointed from a
73	73	public appointment list to represent an indigent defendant perform
74	74	the attorney's duty owed to the defendant in accordance with the
75	75	adopted procedures, the requirements of this code, and applicable
76	76	rules of ethics; and
77	77	(5) [(6)] ensure that appointments are allocated
78	78	among qualified attorneys in a manner that is fair, neutral, and
79	79	nondiscriminatory.
80	80	(g) A countywide alternative program for appointing counsel
81	81	for indigent defendants in criminal cases is established by a
82	82	formal action in which two-thirds of the judges of the courts
83	83	designated under this subsection vote to establish the alternative
84	84	program. An alternative program for appointing counsel in
85	85	misdemeanor and felony cases may be established in the manner
86	86	provided by this subsection by the judges of the county courts,
87	87	statutory county courts, and district courts trying criminal cases
88	88	in the county. An alternative program for appointing counsel in
89	89	misdemeanor cases may be established in the manner provided by this
90	90	subsection by the judges of the county courts and statutory county
91	91	courts trying criminal cases in the county. An alternative program
92	92	for appointing counsel in felony cases may be established in the
93	93	manner provided by this subsection by the judges of the district
94	94	courts trying criminal cases in the county. In a county in which an
95	95	alternative program is established:
96	96	(1) the alternative program may:
97	97	(A) use a single method for appointing counsel or
98	98	a combination of methods; and
99	99	(B) use a multicounty appointment list using a
100	100	system of rotation; and
101	101	(2) the procedures adopted under Subsection (a) must
102	102	ensure that:
103	103	(A) attorneys appointed using the alternative
104	104	program to represent defendants in misdemeanor cases punishable by
105	105	confinement:
106	106	(i) meet specified objective
107	107	qualifications for that representation, which may be graduated
108	108	according to the degree of seriousness of the offense and whether
109	109	representation will be provided in trial court proceedings,
110	110	appellate proceedings, or both; and
111	111	(ii) are approved by a majority of the
112	112	judges of the county courts and statutory county courts trying
113	113	misdemeanor cases in the county;
114	114	(B) attorneys appointed using the alternative
115	115	program to represent defendants in felony cases:
116	116	(i) meet specified objective
117	117	qualifications for that representation, which may be graduated
118	118	according to the degree of seriousness of the offense and whether
119	119	representation will be provided in trial court proceedings,
120	120	appellate proceedings, or both; and
121	121	(ii) are approved by a majority of the
122	122	judges of the district courts trying felony cases in the county; and
123	123	(C) [appointments for defendants in capital
124	124	cases in which the death penalty is sought comply with the
125	125	requirements of Article 26.052; and
126	126	[(D)] appointments are reasonably and
127	127	impartially allocated among qualified attorneys.
128	128	SECTION 4. Article 34.01, Code of Criminal Procedure, is
129	129	amended to read as follows:
130	130	Art. 34.01. SPECIAL VENIRE. A "special venire" is a writ
131	131	issued in a capital case by order of the district court, commanding
132	132	the sheriff to summon either verbally or by mail such a number of
133	133	persons, not less than 50, as the court may order, to appear before
134	134	the court on a day named in the writ from whom the jury for the trial
135	135	of such case is to be selected. Where as many as one hundred jurors
136	136	have been summoned in such county for regular service for the week
137	137	in which such capital case is set for trial, the judge of the court
138	138	having jurisdiction of a capital case in which a motion for a
139	139	special venire has been made, shall grant or refuse such motion for
140	140	a special venire, and upon such refusal require the case to be tried
141	141	by regular jurors summoned for service in such county for the week
142	142	in which such capital case is set for trial and such additional
143	143	talesmen as may be summoned by the sheriff upon order of the court
144	144	as provided in Article 34.02 of this Code[, but the clerk of such
145	145	court shall furnish the defendant or his counsel a list of the
146	146	persons summoned as provided in Article 34.04].
147	147	SECTION 5. Article 35.15(b), Code of Criminal Procedure, is
148	148	amended to read as follows:
149	149	(b) In [non-capital] felony cases [and in capital cases in
150	150	which the State does not seek the death penalty], the State and
151	151	defendant shall each be entitled to ten peremptory challenges. If
152	152	two or more defendants are tried together each defendant shall be
153	153	entitled to six peremptory challenges and the State to six for each
154	154	defendant.
155	155	SECTION 6. Article 35.16(b), Code of Criminal Procedure, is
156	156	amended to read as follows:
157	157	(b) A challenge for cause may be made by the State for any of
158	158	the following reasons:
159	159	1. That the juror has conscientious scruples in regard
160	160	to the imposition [infliction] of a sentence of imprisonment for
161	161	life without parole [the punishment of death for crime,] in a
162	162	capital case[, where the State is seeking the death penalty];
163	163	2. That the juror [he] is related within the third
164	164	degree of consanguinity or affinity, as determined under Chapter
165	165	573, Government Code, to the defendant; and
166	166	3. That the juror [he] has a bias or prejudice against
167	167	any phase of the law upon which the State is entitled to rely for
168	168	conviction or punishment.
169	169	SECTION 7. Article 35.17, Code of Criminal Procedure, is
170	170	amended to read as follows:
171	171	Art. 35.17. VOIR DIRE EXAMINATION
172	172	[1]. When the court in its discretion so directs,
173	173	[except as provided in Section 2,] the state and defendant shall
174	174	conduct the voir dire examination of prospective jurors in the
175	175	presence of the entire panel.
176	176	[2. In a capital felony case in which the State seeks
177	177	the death penalty, the court shall propound to the entire panel of
178	178	prospective jurors questions concerning the principles, as
179	179	applicable to the case on trial, of reasonable doubt, burden of
180	180	proof, return of indictment by grand jury, presumption of
181	181	innocence, and opinion. Then, on demand of the State or defendant,
182	182	either is entitled to examine each juror on voir dire individually
183	183	and apart from the entire panel, and may further question the juror
184	184	on the principles propounded by the court.]
185	185	SECTION 8. Article 35.25, Code of Criminal Procedure, is
186	186	amended to read as follows:
187	187	Art. 35.25. MAKING PEREMPTORY CHALLENGE. The [In
188	188	non-capital cases and in capital cases in which the State's
189	189	attorney has announced that he will not qualify the jury for, or
190	190	seek the death penalty, the] party desiring to challenge any juror
191	191	peremptorily shall strike the name of such juror from the list
192	192	furnished the party [him] by the clerk.
193	193	SECTION 9. Article 35.26, Code of Criminal Procedure, is
194	194	amended to read as follows:
195	195	Art. 35.26. LISTS RETURNED TO CLERK. [(a)] When the parties
196	196	have made or declined to make their peremptory challenges, they
197	197	shall deliver their lists to the clerk. The [Except as provided in
198	198	Subsection (b) of this section, the] clerk shall, if the case be in
199	199	the district court, call off the first twelve names on the lists
200	200	that have not been stricken. If the case be in the county court, the
201	201	clerk [he] shall call off the first six names on the lists that have
202	202	not been stricken. Those whose names are called shall be the jury.
203	203	[(b) In a capital case in which the state seeks the death
204	204	penalty, the court may direct that two alternate jurors be selected
205	205	and that the first fourteen names not stricken be called off by the
206	206	clerk. The last two names to be called are the alternate jurors.]
207	207	SECTION 10. Article 36.29(a), Code of Criminal Procedure,
208	208	is amended to read as follows:
209	209	(a) Not less than twelve jurors can render and return a
210	210	verdict in a felony case. It must be concurred in by each juror and
211	211	signed by the foreman. After [Except as provided in Subsection (b),
212	212	however, after] the trial of any felony case begins and a juror dies
213	213	or, as determined by the judge, becomes disabled from sitting at any
214	214	time before the charge of the court is read to the jury, the
215	215	remainder of the jury shall have the power to render the verdict;
216	216	but when the verdict shall be rendered by less than the whole
217	217	number, it shall be signed by every member of the jury concurring in
218	218	it.
219	219	SECTION 11. Section 2(b), Article 37.07, Code of Criminal
220	220	Procedure, is amended to read as follows:
221	221	(b) If [Except as provided by Article 37.071 or 37.072, if]
222	222	a finding of guilty is returned, it shall then be the responsibility
223	223	of the judge to assess the punishment applicable to the offense;
224	224	provided, however, that (1) in any criminal action where the jury
225	225	may recommend community supervision and the defendant filed his
226	226	sworn motion for community supervision before the trial began, and
227	227	(2) in other cases where the defendant so elects in writing before
228	228	the commencement of the voir dire examination of the jury panel, the
229	229	punishment shall be assessed by the same jury, except as provided in
230	230	Section 3(c) of this article and in Article 44.29. If a finding of
231	231	guilty is returned, the defendant may, with the consent of the
232	232	attorney for the state, change his election of one who assesses the
233	233	punishment.
234	234	SECTION 12. Section 1, Article 42.01, Code of Criminal
235	235	Procedure, as effective January 1, 2021, is amended to read as
236	236	follows:
237	237	Sec. 1. A judgment is the written declaration of the court
238	238	signed by the trial judge and entered of record showing the
239	239	conviction or acquittal of the defendant. The sentence served
240	240	shall be based on the information contained in the judgment. The
241	241	judgment shall reflect:
242	242	1. The title and number of the case;
243	243	2. That the case was called and the parties appeared,
244	244	naming the attorney for the state, the defendant, and the attorney
245	245	for the defendant, or, where a defendant is not represented by
246	246	counsel, that the defendant knowingly, intelligently, and
247	247	voluntarily waived the right to representation by counsel;
248	248	3. The plea or pleas of the defendant to the offense
249	249	charged;
250	250	4. Whether the case was tried before a jury or a jury
251	251	was waived;
252	252	5. The submission of the evidence, if any;
253	253	6. In cases tried before a jury that the jury was
254	254	charged by the court;
255	255	7. The verdict or verdicts of the jury or the finding
256	256	or findings of the court;
257	257	8. In the event of a conviction that the defendant is
258	258	adjudged guilty of the offense as found by the verdict of the jury
259	259	or the finding of the court, and that the defendant be punished in
260	260	accordance with the jury's verdict or the court's finding as to the
261	261	proper punishment;
262	262	9. In the event of conviction where [death or] any
263	263	punishment is assessed that the defendant be sentenced to [death,]
264	264	a term of confinement or community supervision, or to pay a fine, as
265	265	the case may be;
266	266	10. In the event of conviction where the imposition of
267	267	sentence is suspended and the defendant is placed on community
268	268	supervision, setting forth the punishment assessed, the length of
269	269	community supervision, and the conditions of community
270	270	supervision;
271	271	11. In the event of acquittal that the defendant be
272	272	discharged;
273	273	12. The county and court in which the case was tried
274	274	and, if there was a change of venue in the case, the name of the
275	275	county in which the prosecution was originated;
276	276	13. The offense or offenses for which the defendant
277	277	was convicted;
278	278	14. The date of the offense or offenses and degree of
279	279	offense for which the defendant was convicted;
280	280	15. The term of sentence;
281	281	16. The date judgment is entered;
282	282	17. The date sentence is imposed;
283	283	18. The date sentence is to commence and any credit for
284	284	time served;
285	285	19. The terms of any order entered pursuant to Article
286	286	42.08 that the defendant's sentence is to run cumulatively or
287	287	concurrently with another sentence or sentences;
288	288	20. The terms of any plea bargain;
289	289	21. Affirmative findings entered pursuant to Article
290	290	42A.054(c) or (d);
291	291	22. The terms of any fee payment ordered under Article
292	292	42.151;
293	293	23. The defendant's thumbprint taken in accordance
294	294	with Article 38.33;
295	295	24. In the event that the judge orders the defendant to
296	296	repay a reward or part of a reward under Articles 37.073 and 42.152,
297	297	a statement of the amount of the payment or payments required to be
298	298	made;
299	299	25. In the event that the court orders restitution to
300	300	be paid to the victim, a statement of the amount of restitution
301	301	ordered and:
302	302	(A) the name and address of a person or agency
303	303	that will accept and forward restitution payments to the victim; or
304	304	(B) if the court specifically elects to have
305	305	payments made directly to the crime victim, the name and permanent
306	306	address of the victim at the time of judgment;
307	307	26. In the event that a presentence investigation is
308	308	required by Subchapter F, Chapter 42A, a statement that the
309	309	presentence investigation was done according to the applicable
310	310	provision;
311	311	27. In the event of conviction of an offense for which
312	312	registration as a sex offender is required under Chapter 62, a
313	313	statement that the registration requirement of that chapter applies
314	314	to the defendant and a statement of the age of the victim of the
315	315	offense;
316	316	28. The defendant's state identification number
317	317	required by Article 66.152(a)(2), if that number has been assigned
318	318	at the time of the judgment; and
319	319	29. The incident number required by Article
320	320	66.152(a)(4), if that number has been assigned at the time of the
321	321	judgment.
322	322	SECTION 13. Section 557.012(b), Government Code, is amended
323	323	to read as follows:
324	324	(b) An offense under this section is punishable by[:
325	325	[(1) death; or
326	326	[(2)] confinement in the Texas Department of Criminal
327	327	Justice for:
328	328	(1) [(A)] life; or
329	329	(2) [(B)] a term of not less than two years.
330	330	SECTION 14. The following provisions of the Code of
331	331	Criminal Procedure are repealed:
332	332	(1) Article 34.04;
333	333	(2) Articles 35.13, 35.15(a), and 35.29(c);
334	334	(3) Article 36.29(b);
335	335	(4) Articles 37.071, 37.0711, and 37.072;
336	336	(5) Articles 38.43(i), (j), (k), (l), and (m);
337	337	(6) Article 42.04; and
338	338	(7) Article 46.05.
339	339	SECTION 15. The change in law made by this Act:
340	340	(1) applies to a criminal action pending, on appeal,
341	341	or commenced on or after the effective date of this Act, regardless
342	342	of whether the criminal action is based on an offense committed
343	343	before, on, or after that date; and
344	344	(2) does not affect a final conviction that exists on
345	345	the effective date of this Act.
346	346	SECTION 16. This Act takes effect immediately if it
347	347	receives a vote of two-thirds of all the members elected to each
348	348	house, as provided by Section 39, Article III, Texas Constitution.
349	349	If this Act does not receive the vote necessary for immediate
350	350	effect, this Act takes effect September 1, 2023.