Texas 2023 - 88th Regular

Texas Senate Bill SB516 Compare Versions

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1	1	88R3697 CJD-F
2	2	By: Eckhardt S.B. No. 516
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to abolishing the death penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 12.31, Penal Code, is amended to read as
10	10	follows:
11	11	Sec. 12.31. CAPITAL FELONY. (a) An individual adjudged
12	12	guilty of a capital felony [in a case in which the state seeks the
13	13	death penalty shall be punished by imprisonment in the Texas
14	14	Department of Criminal Justice for life without parole or by death.
15	15	An individual adjudged guilty of a capital felony in a case in which
16	16	the state does not seek the death penalty] shall be punished by
17	17	imprisonment in the Texas Department of Criminal Justice for:
18	18	(1) life, if the individual committed the offense when
19	19	younger than 18 years of age; or
20	20	(2) life without parole, if the individual committed
21	21	the offense when 18 years of age or older.
22	22	(b) In a capital felony trial [in which the state seeks the
23	23	death penalty, prospective jurors shall be informed that a sentence
24	24	of life imprisonment without parole or death is mandatory on
25	25	conviction of a capital felony. In a capital felony trial in which
26	26	the state does not seek the death penalty], prospective jurors
27	27	shall be informed [that the state is not seeking the death penalty
28	28	and] that:
29	29	(1) a sentence of life imprisonment is mandatory on
30	30	conviction of the capital felony, if the individual committed the
31	31	offense when younger than 18 years of age; or
32	32	(2) a sentence of life imprisonment without parole is
33	33	mandatory on conviction of the capital felony, if the individual
34	34	committed the offense when 18 years of age or older.
35	35	SECTION 2. Articles 1.13(a) and (b), Code of Criminal
36	36	Procedure, are amended to read as follows:
37	37	(a) Subject to Subsection (b), the [The] defendant in a
38	38	criminal prosecution for any offense is entitled [other than a
39	39	capital felony case in which the state notifies the court and the
40	40	defendant that it will seek the death penalty shall have the right],
41	41	upon entering a plea, to waive the right of trial by jury,
42	42	conditioned, however, that, except as provided by Article 27.19,
43	43	the waiver must be made in person by the defendant in writing in
44	44	open court with the consent and approval of the court, and the
45	45	attorney representing the state. The consent and approval by the
46	46	court shall be entered of record on the minutes of the court, and
47	47	the consent and approval of the attorney representing the state
48	48	shall be in writing, signed by that attorney, and filed in the
49	49	papers of the cause before the defendant enters the defendant's
50	50	plea.
51	51	(b) In a capital felony case [in which the attorney
52	52	representing the State notifies the court and the defendant that it
53	53	will not seek the death penalty], the defendant may waive the right
54	54	to trial by jury but only if the attorney representing the state
55	55	[State], in writing and in open court, consents to the waiver.
56	56	SECTION 3. Articles 26.04(b) and (g), Code of Criminal
57	57	Procedure, are amended to read as follows:
58	58	(b) Procedures adopted under Subsection (a) shall:
59	59	(1) authorize only the judges of the county courts,
60	60	statutory county courts, and district courts trying criminal cases
61	61	in the county, or the judges' designee, to appoint counsel for
62	62	indigent defendants in the county;
63	63	(2) apply to each appointment of counsel made by a
64	64	judge or the judges' designee in the county;
65	65	(3) ensure that each indigent defendant in the county
66	66	who is charged with a misdemeanor punishable by confinement or with
67	67	a felony and who appears in court without counsel has an opportunity
68	68	to confer with appointed counsel before the commencement of
69	69	judicial proceedings;
70	70	(4) [require appointments for defendants in capital
71	71	cases in which the death penalty is sought to comply with any
72	72	applicable requirements under Articles 11.071 and 26.052;
73	73	[(5)] ensure that each attorney appointed from a public
74	74	appointment list to represent an indigent defendant perform the
75	75	attorney's duty owed to the defendant in accordance with the
76	76	adopted procedures, the requirements of this code, and applicable
77	77	rules of ethics; and
78	78	(5) [(6)] ensure that appointments are allocated
79	79	among qualified attorneys in a manner that is fair, neutral, and
80	80	nondiscriminatory.
81	81	(g) A countywide alternative program for appointing counsel
82	82	for indigent defendants in criminal cases is established by a
83	83	formal action in which two-thirds of the judges of the courts
84	84	designated under this subsection vote to establish the alternative
85	85	program. An alternative program for appointing counsel in
86	86	misdemeanor and felony cases may be established in the manner
87	87	provided by this subsection by the judges of the county courts,
88	88	statutory county courts, and district courts trying criminal cases
89	89	in the county. An alternative program for appointing counsel in
90	90	misdemeanor cases may be established in the manner provided by this
91	91	subsection by the judges of the county courts and statutory county
92	92	courts trying criminal cases in the county. An alternative program
93	93	for appointing counsel in felony cases may be established in the
94	94	manner provided by this subsection by the judges of the district
95	95	courts trying criminal cases in the county. In a county in which an
96	96	alternative program is established:
97	97	(1) the alternative program may:
98	98	(A) use a single method for appointing counsel or
99	99	a combination of methods; and
100	100	(B) use a multicounty appointment list using a
101	101	system of rotation; and
102	102	(2) the procedures adopted under Subsection (a) must
103	103	ensure that:
104	104	(A) attorneys appointed using the alternative
105	105	program to represent defendants in misdemeanor cases punishable by
106	106	confinement:
107	107	(i) meet specified objective
108	108	qualifications for that representation, which may be graduated
109	109	according to the degree of seriousness of the offense and whether
110	110	representation will be provided in trial court proceedings,
111	111	appellate proceedings, or both; and
112	112	(ii) are approved by a majority of the
113	113	judges of the county courts and statutory county courts trying
114	114	misdemeanor cases in the county;
115	115	(B) attorneys appointed using the alternative
116	116	program to represent defendants in felony cases:
117	117	(i) meet specified objective
118	118	qualifications for that representation, which may be graduated
119	119	according to the degree of seriousness of the offense and whether
120	120	representation will be provided in trial court proceedings,
121	121	appellate proceedings, or both; and
122	122	(ii) are approved by a majority of the
123	123	judges of the district courts trying felony cases in the county; and
124	124	(C) [appointments for defendants in capital
125	125	cases in which the death penalty is sought comply with the
126	126	requirements of Article 26.052; and
127	127	[(D)] appointments are reasonably and impartially
128	128	allocated among qualified attorneys.
129	129	SECTION 4. Article 34.01, Code of Criminal Procedure, is
130	130	amended to read as follows:
131	131	Art. 34.01. SPECIAL VENIRE. A "special venire" is a writ
132	132	issued in a capital case by order of the district court, commanding
133	133	the sheriff to summon either verbally or by mail such a number of
134	134	persons, not less than 50, as the court may order, to appear before
135	135	the court on a day named in the writ from whom the jury for the trial
136	136	of such case is to be selected. Where as many as 100 [one hundred]
137	137	jurors have been summoned in such county for regular service for the
138	138	week in which such capital case is set for trial, the judge of the
139	139	court having jurisdiction of a capital case in which a motion for a
140	140	special venire has been made, shall grant or refuse such motion for
141	141	a special venire, and upon such refusal require the case to be tried
142	142	by regular jurors summoned for service in such county for the week
143	143	in which such capital case is set for trial and such additional
144	144	talesmen as may be summoned by the sheriff upon order of the court
145	145	as provided in Article 34.02 [of this Code, but the clerk of such
146	146	court shall furnish the defendant or his counsel a list of the
147	147	persons summoned as provided in Article 34.04].
148	148	SECTION 5. Article 35.15(b), Code of Criminal Procedure, is
149	149	amended to read as follows:
150	150	(b) In [non-capital] felony cases [and in capital cases in
151	151	which the State does not seek the death penalty], the state [State]
152	152	and defendant shall each be entitled to 10 [ten] peremptory
153	153	challenges. If two or more defendants are tried together each
154	154	defendant shall be entitled to six peremptory challenges and the
155	155	state [State] to six for each defendant.
156	156	SECTION 6. Article 35.16(b), Code of Criminal Procedure, is
157	157	amended to read as follows:
158	158	(b) A challenge for cause may be made by the state [State]
159	159	for any of the following reasons:
160	160	1. That the juror has conscientious scruples in regard
161	161	to the imposition [infliction] of a sentence of imprisonment for
162	162	life without parole [the punishment of death for crime,] in a
163	163	capital case[, where the State is seeking the death penalty];
164	164	2. That the juror [he] is related within the third
165	165	degree of consanguinity or affinity, as determined under Chapter
166	166	573, Government Code, to the defendant; and
167	167	3. That the juror [he] has a bias or prejudice against
168	168	any phase of the law upon which the state [State] is entitled to
169	169	rely for conviction or punishment.
170	170	SECTION 7. Article 35.17, Code of Criminal Procedure, is
171	171	amended to read as follows:
172	172	Art. 35.17. VOIR DIRE EXAMINATION
173	173	[1]. When the court in its discretion so directs, [except as
174	174	provided in Section 2,] the state and defendant shall conduct the
175	175	voir dire examination of prospective jurors in the presence of the
176	176	entire panel.
177	177	[2. In a capital felony case in which the State seeks the
178	178	death penalty, the court shall propound to the entire panel of
179	179	prospective jurors questions concerning the principles, as
180	180	applicable to the case on trial, of reasonable doubt, burden of
181	181	proof, return of indictment by grand jury, presumption of
182	182	innocence, and opinion. Then, on demand of the State or defendant,
183	183	either is entitled to examine each juror on voir dire individually
184	184	and apart from the entire panel, and may further question the juror
185	185	on the principles propounded by the court.]
186	186	SECTION 8. Article 35.25, Code of Criminal Procedure, is
187	187	amended to read as follows:
188	188	Art. 35.25. MAKING PEREMPTORY CHALLENGE. The [In
189	189	non-capital cases and in capital cases in which the State's
190	190	attorney has announced that he will not qualify the jury for, or
191	191	seek the death penalty, the] party desiring to challenge any juror
192	192	peremptorily shall strike the name of such juror from the list
193	193	furnished the party [him] by the clerk.
194	194	SECTION 9. Article 35.26, Code of Criminal Procedure, is
195	195	amended to read as follows:
196	196	Art. 35.26. LISTS RETURNED TO CLERK. [(a)] When the parties
197	197	have made or declined to make their peremptory challenges, they
198	198	shall deliver their lists to the clerk. The [Except as provided in
199	199	Subsection (b) of this section, the] clerk shall, if the case be in
200	200	the district court, call off the first 12 [twelve] names on the
201	201	lists that have not been stricken. If the case be in the county
202	202	court, the clerk [he] shall call off the first six names on the
203	203	lists that have not been stricken. Those whose names are called
204	204	shall be the jury.
205	205	[(b) In a capital case in which the state seeks the death
206	206	penalty, the court may direct that two alternate jurors be selected
207	207	and that the first fourteen names not stricken be called off by the
208	208	clerk. The last two names to be called are the alternate jurors.]
209	209	SECTION 10. Article 36.29(a), Code of Criminal Procedure,
210	210	is amended to read as follows:
211	211	(a) Not less than 12 [twelve] jurors can render and return a
212	212	verdict in a felony case. It must be concurred in by each juror and
213	213	signed by the foreman. After [Except as provided in Subsection (b),
214	214	however, after] the trial of any felony case begins and a juror dies
215	215	or, as determined by the judge, becomes disabled from sitting at any
216	216	time before the charge of the court is read to the jury, the
217	217	remainder of the jury shall have the power to render the verdict;
218	218	but when the verdict shall be rendered by less than the whole
219	219	number, it shall be signed by every member of the jury concurring in
220	220	it.
221	221	SECTION 11. Section 2(b), Article 37.07, Code of Criminal
222	222	Procedure, is amended to read as follows:
223	223	(b) If [Except as provided by Article 37.071 or 37.072, if]
224	224	a finding of guilty is returned, it shall then be the responsibility
225	225	of the judge to assess the punishment applicable to the offense;
226	226	provided, however, that (1) in any criminal action where the jury
227	227	may recommend community supervision and the defendant filed his
228	228	sworn motion for community supervision before the trial began, and
229	229	(2) in other cases where the defendant so elects in writing before
230	230	the commencement of the voir dire examination of the jury panel, the
231	231	punishment shall be assessed by the same jury, except as provided in
232	232	Section 3(c) of this article and in Article 44.29. If a finding of
233	233	guilty is returned, the defendant may, with the consent of the
234	234	attorney for the state, change the defendant's [his] election of
235	235	one who assesses the punishment.
236	236	SECTION 12. Section 1, Article 42.01, Code of Criminal
237	237	Procedure, is amended to read as follows:
238	238	Sec. 1. A judgment is the written declaration of the court
239	239	signed by the trial judge and entered of record showing the
240	240	conviction or acquittal of the defendant. The sentence served shall
241	241	be based on the information contained in the judgment. The judgment
242	242	shall reflect:
243	243	1. The title and number of the case;
244	244	2. That the case was called and the parties appeared,
245	245	naming the attorney for the state, the defendant, and the attorney
246	246	for the defendant, or, where a defendant is not represented by
247	247	counsel, that the defendant knowingly, intelligently, and
248	248	voluntarily waived the right to representation by counsel;
249	249	3. The plea or pleas of the defendant to the offense
250	250	charged;
251	251	4. Whether the case was tried before a jury or a jury
252	252	was waived;
253	253	5. The submission of the evidence, if any;
254	254	6. In cases tried before a jury that the jury was
255	255	charged by the court;
256	256	7. The verdict or verdicts of the jury or the finding
257	257	or findings of the court;
258	258	8. In the event of a conviction that the defendant is
259	259	adjudged guilty of the offense as found by the verdict of the jury
260	260	or the finding of the court, and that the defendant be punished in
261	261	accordance with the jury's verdict or the court's finding as to the
262	262	proper punishment;
263	263	9. In the event of conviction where [death or] any
264	264	punishment is assessed that the defendant be sentenced to [death,]
265	265	a term of confinement or community supervision, or to pay a fine, as
266	266	the case may be;
267	267	10. In the event of conviction where the imposition of
268	268	sentence is suspended and the defendant is placed on community
269	269	supervision, setting forth the punishment assessed, the length of
270	270	community supervision, and the conditions of community
271	271	supervision;
272	272	11. In the event of acquittal that the defendant be
273	273	discharged;
274	274	12. The county and court in which the case was tried
275	275	and, if there was a change of venue in the case, the name of the
276	276	county in which the prosecution was originated;
277	277	13. The offense or offenses for which the defendant
278	278	was convicted;
279	279	14. The date of the offense or offenses and degree of
280	280	offense for which the defendant was convicted;
281	281	15. The term of sentence;
282	282	16. The date judgment is entered;
283	283	17. The date sentence is imposed;
284	284	18. The date sentence is to commence and any credit for
285	285	time served;
286	286	19. The terms of any order entered pursuant to Article
287	287	42.08 that the defendant's sentence is to run cumulatively or
288	288	concurrently with another sentence or sentences;
289	289	20. The terms of any plea bargain;
290	290	21. Affirmative findings entered pursuant to Article
291	291	42A.054(c) or (d);
292	292	22. The terms of any fee payment ordered under Article
293	293	42.151;
294	294	23. The defendant's thumbprint taken in accordance
295	295	with Article 38.33;
296	296	24. In the event that the judge orders the defendant to
297	297	repay a reward or part of a reward under Articles 37.073 and 42.152,
298	298	a statement of the amount of the payment or payments required to be
299	299	made;
300	300	25. In the event that the court orders restitution to
301	301	be paid to the victim, a statement of the amount of restitution
302	302	ordered and:
303	303	(A) the name and address of a person or agency
304	304	that will accept and forward restitution payments to the victim; or
305	305	(B) if the court specifically elects to have
306	306	payments made directly to the crime victim, the name and permanent
307	307	address of the victim at the time of judgment;
308	308	26. In the event that a presentence investigation is
309	309	required by Subchapter F, Chapter 42A, a statement that the
310	310	presentence investigation was done according to the applicable
311	311	provision;
312	312	27. In the event of conviction of an offense for which
313	313	registration as a sex offender is required under Chapter 62, a
314	314	statement that the registration requirement of that chapter applies
315	315	to the defendant and a statement of the age of the victim of the
316	316	offense;
317	317	28. The defendant's state identification number
318	318	required by Article 66.152(a)(2), if that number has been assigned
319	319	at the time of the judgment; and
320	320	29. The incident number required by Article
321	321	66.152(a)(4), if that number has been assigned at the time of the
322	322	judgment.
323	323	SECTION 13. Section 23.101(b-1), Government Code, is
324	324	amended to read as follows:
325	325	(b-1) Except for [a criminal case in which the death penalty
326	326	has been or may be assessed or] when it would [otherwise] interfere
327	327	with a constitutional right, the trial courts of this state shall
328	328	prioritize over any other proceeding pending or filed in the court a
329	329	proceeding for injunctive relief under Chapter 273, Election Code,
330	330	pending or filed in the court on or after the 70th day before a
331	331	general or special election.
332	332	SECTION 14. Section 557.012(b), Government Code, is amended
333	333	to read as follows:
334	334	(b) An offense under this section is punishable by[:
335	335	[(1) death; or
336	336	[(2)] confinement in the Texas Department of Criminal
337	337	Justice for:
338	338	(1) [(A)] life; or
339	339	(2) [(B)] a term of not less than two years.
340	340	SECTION 15. The following provisions of the Code of
341	341	Criminal Procedure are repealed:
342	342	(1) Article 34.04;
343	343	(2) Articles 35.13 and 35.15(a);
344	344	(3) Article 36.29(b);
345	345	(4) Articles 37.071, 37.0711, and 37.072;
346	346	(5) Articles 38.43(i), (j), (k), (l), and (m);
347	347	(6) Article 42.04; and
348	348	(7) Article 46.05.
349	349	SECTION 16. The change in law made by this Act:
350	350	(1) applies to a criminal action pending, on appeal,
351	351	or commenced on or after the effective date of this Act, regardless
352	352	of whether the criminal action is based on an offense committed
353	353	before, on, or after that date; and
354	354	(2) does not affect a final conviction that exists on
355	355	the effective date of this Act.
356	356	SECTION 17. This Act takes effect immediately if it
357	357	receives a vote of two-thirds of all the members elected to each
358	358	house, as provided by Section 39, Article III, Texas Constitution.
359	359	If this Act does not receive the vote necessary for immediate
360	360	effect, this Act takes effect September 1, 2023.