88R380 JRR-D
By: Toth H.B. No. 314
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the death penalty for a defendant whose
conviction is based solely on certain evidence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1, Article 37.071, Code of Criminal
Procedure, is amended by adding Subsection (a-1) to read as
follows:
(a-1) A defendant who is found guilty in a capital felony
case may not be sentenced to death, and the state may not seek the
death penalty, if the finding of guilt is based solely on the
testimony of a single eyewitness without any corroborating
evidence.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2023.