| 1 | 1 | | 89R11376 EAS-D |
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| 2 | 2 | | By: Dutton H.B. No. 2649 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the extent of a defendant's criminal responsibility for |
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| 10 | 10 | | the conduct of a coconspirator in a capital murder case. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 7.02(b), Penal Code, is amended to read |
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| 13 | 13 | | as follows: |
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| 14 | 14 | | (b) If, in the attempt to carry out a conspiracy to commit |
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| 15 | 15 | | one felony, another felony is committed by one of the conspirators, |
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| 16 | 16 | | all conspirators are guilty of the felony actually committed, |
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| 17 | 17 | | though having no intent to commit it, provided that [if] the offense |
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| 18 | 18 | | was committed in furtherance of the unlawful purpose and was one |
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| 19 | 19 | | that should have been anticipated as a result of the carrying out of |
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| 20 | 20 | | the conspiracy. This subsection does not apply to the prosecution |
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| 21 | 21 | | of the offense of capital murder. In this subsection, "conspiracy" |
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| 22 | 22 | | means an agreement between two or more persons to commit a felony. |
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| 23 | 23 | | SECTION 2. The change in law made by this Act applies only |
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| 24 | 24 | | to the prosecution of an offense committed on or after the effective |
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| 25 | 25 | | date of this Act. The prosecution of an offense committed before |
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| 26 | 26 | | the effective date of this Act is governed by the law in effect on |
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| 27 | 27 | | the date the offense was committed, and the former law is continued |
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| 28 | 28 | | in effect for that purpose. For purposes of this section, an |
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| 29 | 29 | | offense was committed before the effective date of this Act if any |
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| 30 | 30 | | element of the offense occurred before that date. |
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| 31 | 31 | | SECTION 3. This Act takes effect September 1, 2025. |
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