| 1 | 1 | | 88R624 EAS-F |
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| 2 | 2 | | By: Leach, et al. H.B. No. 1736 |
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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 extent of a defendant's criminal responsibility for |
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| 8 | 8 | | the conduct of a coconspirator in a capital murder case and the |
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| 9 | 9 | | review of certain convictions by the Board of Pardons and Paroles. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 2(b), Article 37.071, Code of Criminal |
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| 12 | 12 | | Procedure, is amended to read as follows: |
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| 13 | 13 | | (b) On conclusion of the presentation of the evidence, the |
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| 14 | 14 | | court shall submit the following issues to the jury: |
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| 15 | 15 | | (1) whether there is a probability that the defendant |
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| 16 | 16 | | would commit criminal acts of violence that would constitute a |
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| 17 | 17 | | continuing threat to society; and |
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| 18 | 18 | | (2) in cases in which the jury charge at the guilt or |
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| 19 | 19 | | innocence stage permitted the jury to find the defendant guilty as a |
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| 20 | 20 | | party under Sections 7.01 and 7.02, Penal Code, whether the |
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| 21 | 21 | | defendant actually caused the death of the deceased or did not |
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| 22 | 22 | | actually cause the death of the deceased but intended to kill the |
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| 23 | 23 | | deceased or another [or anticipated that a human life would be |
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| 24 | 24 | | taken]. |
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| 25 | 25 | | SECTION 2. Section 7.02(b), Penal Code, is amended to read |
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| 26 | 26 | | as follows: |
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| 27 | 27 | | (b) If, in the attempt to carry out a conspiracy to commit |
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| 28 | 28 | | one felony, another felony is committed by one of the conspirators, |
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| 29 | 29 | | all conspirators are guilty of the felony actually committed, |
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| 30 | 30 | | though having no intent to commit it, provided that [if] the offense |
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| 31 | 31 | | was committed in furtherance of the unlawful purpose and was one |
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| 32 | 32 | | that should have been anticipated as a result of the carrying out of |
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| 33 | 33 | | the conspiracy. This subsection does not apply to the prosecution |
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| 34 | 34 | | of the offense of capital murder. |
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| 35 | 35 | | SECTION 3. Subchapter A, Chapter 7, Penal Code, is amended |
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| 36 | 36 | | by adding Section 7.021 to read as follows: |
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| 37 | 37 | | Sec. 7.021. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER |
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| 38 | 38 | | CONSPIRATOR IN CAPITAL MURDER CASES. (a) If, in the attempt to |
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| 39 | 39 | | carry out a conspiracy to commit one felony, a capital murder is |
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| 40 | 40 | | committed by one of the conspirators, a conspirator is guilty of the |
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| 41 | 41 | | capital murder, though having no intent to commit it, provided |
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| 42 | 42 | | that: |
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| 43 | 43 | | (1) the conspirator is a major participant in the |
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| 44 | 44 | | conspiracy; |
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| 45 | 45 | | (2) in attempting to carry out the conspiracy, the |
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| 46 | 46 | | conspirator acts with reckless indifference to human life; and |
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| 47 | 47 | | (3) the capital murder was committed in furtherance of |
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| 48 | 48 | | the unlawful purpose of the conspiracy. |
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| 49 | 49 | | (b) For purposes of Subsection (a): |
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| 50 | 50 | | (1) a conspirator is a major participant if the |
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| 51 | 51 | | conspirator plans, organizes, directs, or otherwise substantially |
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| 52 | 52 | | participates in the specific conduct that results in the death of a |
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| 53 | 53 | | victim; and |
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| 54 | 54 | | (2) a conspirator acts with reckless indifference to |
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| 55 | 55 | | human life if the conspirator is aware of but consciously |
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| 56 | 56 | | disregards a substantial and unjustifiable risk that another |
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| 57 | 57 | | conspirator intends to commit an act that is clearly dangerous to |
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| 58 | 58 | | human life. |
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| 59 | 59 | | SECTION 4. Subchapter B, Chapter 508, Government Code, is |
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| 60 | 60 | | amended by adding Section 508.0501 to read as follows: |
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| 61 | 61 | | Sec. 508.0501. REQUIRED REVIEW OF CERTAIN CONVICTIONS. (a) |
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| 62 | 62 | | Not later than January 1, 2024, the board shall review the criminal |
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| 63 | 63 | | conviction of each inmate who is serving a sentence of death after |
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| 64 | 64 | | having been found guilty only as a party under Section 7.02(b), |
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| 65 | 65 | | Penal Code, to identify appropriate inmates to recommend to the |
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| 66 | 66 | | governor for purposes of granting clemency. |
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| 67 | 67 | | (b) This section expires September 1, 2024. |
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| 68 | 68 | | SECTION 5. The change in law made by this Act applies only |
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| 69 | 69 | | to the prosecution of an offense committed on or after the effective |
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| 70 | 70 | | date of this Act. The prosecution of an offense committed before the |
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| 71 | 71 | | effective date of this Act is governed by the law in effect on the |
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| 72 | 72 | | date the offense was committed, and the former law is continued in |
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| 73 | 73 | | effect for that purpose. For purposes of this section, an offense |
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| 74 | 74 | | was committed before the effective date of this Act if any element |
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| 75 | 75 | | of the offense occurred before that date. |
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| 76 | 76 | | SECTION 6. This Act takes effect September 1, 2023. |
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