89R11376 EAS-D
By: Dutton H.B. No. 2649
A BILL TO BE ENTITLED
AN ACT
relating to the extent of a defendant's criminal responsibility for
the conduct of a coconspirator in a capital murder case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.02(b), Penal Code, is amended to read
as follows:
(b) If, in the attempt to carry out a conspiracy to commit
one felony, another felony is committed by one of the conspirators,
all conspirators are guilty of the felony actually committed,
though having no intent to commit it, provided that [if] the offense
was committed in furtherance of the unlawful purpose and was one
that should have been anticipated as a result of the carrying out of
the conspiracy. This subsection does not apply to the prosecution
of the offense of capital murder. In this subsection, "conspiracy"
means an agreement between two or more persons to commit a felony.
SECTION 2. The change in law made by this Act applies only
to the prosecution of an offense committed on or after the effective
date of this Act. The prosecution of 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, 2025.