| 1 | 1 | | 88R11980 MEW-F |
|---|
| 2 | 2 | | By: Moody H.B. No. 188 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to certain sentencing procedures in a capital case. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Sections 2(d) and (f), Article 37.071, Code of |
|---|
| 10 | 10 | | Criminal Procedure, are amended to read as follows: |
|---|
| 11 | 11 | | (d) The court shall charge the jury that: |
|---|
| 12 | 12 | | (1) in deliberating on the issues submitted under |
|---|
| 13 | 13 | | Subsection (b) [of this article], the jury [it] shall consider all |
|---|
| 14 | 14 | | evidence admitted at the guilt or innocence stage and the |
|---|
| 15 | 15 | | punishment stage, including evidence of the defendant's background |
|---|
| 16 | 16 | | or character or the circumstances of the offense that militates for |
|---|
| 17 | 17 | | or mitigates against the imposition of the death penalty; |
|---|
| 18 | 18 | | (2) the jury [it] may not answer any issue submitted |
|---|
| 19 | 19 | | under Subsection (b) [of this article] "yes" unless the jury [it] |
|---|
| 20 | 20 | | agrees unanimously, and unless the jury answers an issue "yes" |
|---|
| 21 | 21 | | unanimously, the jury shall [it may not] answer the [any] issue "no" |
|---|
| 22 | 22 | | [unless 10 or more jurors agree]; and |
|---|
| 23 | 23 | | (3) members of the jury need not agree on what |
|---|
| 24 | 24 | | particular evidence supports a negative answer to any issue |
|---|
| 25 | 25 | | submitted under Subsection (b) [of this article]. |
|---|
| 26 | 26 | | (f) The court shall charge the jury that in answering the |
|---|
| 27 | 27 | | issue submitted under Subsection (e) [of this article], the jury: |
|---|
| 28 | 28 | | (1) shall answer the issue "yes" or "no"; |
|---|
| 29 | 29 | | (2) may not answer the issue "no" unless the jury [it] |
|---|
| 30 | 30 | | agrees unanimously, and unless the jury answers the issue "no" |
|---|
| 31 | 31 | | unanimously, the jury shall [may not] answer the issue "yes" |
|---|
| 32 | 32 | | [unless 10 or more jurors agree]; |
|---|
| 33 | 33 | | (3) need not agree on what particular evidence |
|---|
| 34 | 34 | | supports an affirmative finding on the issue; and |
|---|
| 35 | 35 | | (4) shall consider mitigating evidence to be evidence |
|---|
| 36 | 36 | | that a juror might regard as reducing the defendant's moral |
|---|
| 37 | 37 | | blameworthiness. |
|---|
| 38 | 38 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 39 | 39 | | to a criminal proceeding that commences on or after the effective |
|---|
| 40 | 40 | | date of this Act. A criminal proceeding that commenced before the |
|---|
| 41 | 41 | | effective date of this Act is governed by the law in effect on the |
|---|
| 42 | 42 | | date the proceeding commenced, and the former law is continued in |
|---|
| 43 | 43 | | effect for that purpose. |
|---|
| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|