Texas 2025 - 89th Regular

Texas House Bill HB5058 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R3078 EAS-F
2	2	By: Leach H.B. No. 5058
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the extent of a defendant's criminal responsibility for
10	10	the conduct of a coconspirator in a capital murder case and the
11	11	review of certain convictions by the Board of Pardons and Paroles.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 2(b), Article 37.071, Code of Criminal
14	14	Procedure, is amended to read as follows:
15	15	(b) On conclusion of the presentation of the evidence, the
16	16	court shall submit the following issues to the jury:
17	17	(1) whether there is a probability that the defendant
18	18	would commit criminal acts of violence that would constitute a
19	19	continuing threat to society; and
20	20	(2) in cases in which the jury charge at the guilt or
21	21	innocence stage permitted the jury to find the defendant guilty as a
22	22	party under Sections 7.01 and 7.02, Penal Code, whether the
23	23	defendant actually caused the death of the deceased or did not
24	24	actually cause the death of the deceased but intended to kill the
25	25	deceased or another [or anticipated that a human life would be
26	26	taken].
27	27	SECTION 2. Section 7.02(b), Penal Code, is amended to read
28	28	as follows:
29	29	(b) If, in the attempt to carry out a conspiracy to commit
30	30	one felony, another felony is committed by one of the conspirators,
31	31	all conspirators are guilty of the felony actually committed,
32	32	though having no intent to commit it, provided that [if] the offense
33	33	was committed in furtherance of the unlawful purpose and was one
34	34	that should have been anticipated as a result of the carrying out of
35	35	the conspiracy. This subsection does not apply to the prosecution
36	36	of the offense of capital murder. In this subsection, "conspiracy"
37	37	means an agreement between two or more persons to commit a felony.
38	38	SECTION 3. Subchapter A, Chapter 7, Penal Code, is amended
39	39	by adding Section 7.021 to read as follows:
40	40	Sec. 7.021. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER
41	41	CONSPIRATOR IN CAPITAL MURDER CASES. (a) If, in the attempt to
42	42	carry out a conspiracy to commit one felony, a capital murder is
43	43	committed by one of the conspirators, a conspirator is guilty of the
44	44	capital murder, though having no intent to commit it, provided
45	45	that:
46	46	(1) the conspirator is a major participant in the
47	47	conspiracy;
48	48	(2) in attempting to carry out the conspiracy, the
49	49	conspirator acts with reckless indifference to human life; and
50	50	(3) the capital murder was committed in furtherance of
51	51	the unlawful purpose of the conspiracy.
52	52	(b) For purposes of Subsection (a):
53	53	(1) a conspirator is a major participant if the
54	54	conspirator plans, organizes, directs, or otherwise substantially
55	55	participates in the specific conduct that results in the death of a
56	56	victim; and
57	57	(2) a conspirator acts with reckless indifference to
58	58	human life if the conspirator is aware of but consciously
59	59	disregards a substantial and unjustifiable risk that another
60	60	conspirator intends to commit an act that is clearly dangerous to
61	61	human life.
62	62	SECTION 4. Subchapter B, Chapter 508, Government Code, is
63	63	amended by adding Section 508.0501 to read as follows:
64	64	Sec. 508.0501. REQUIRED REVIEW OF CERTAIN CONVICTIONS. (a)
65	65	Not later than January 1, 2026, the board shall review the criminal
66	66	conviction of each inmate who is serving a sentence of death after
67	67	having been found guilty only as a party under Section 7.02(b),
68	68	Penal Code, to identify appropriate inmates to recommend to the
69	69	governor for purposes of granting clemency.
70	70	(b) This section expires September 1, 2026.
71	71	SECTION 5. The change in law made by this Act applies only
72	72	to the prosecution of an offense committed on or after the effective
73	73	date of this Act. The prosecution of an offense committed before the
74	74	effective date of this Act is governed by the law in effect on the
75	75	date the offense was committed, and the former law is continued in
76	76	effect for that purpose. For purposes of this section, an offense
77	77	was committed before the effective date of this Act if any element
78	78	of the offense occurred before that date.
79	79	SECTION 6. This Act takes effect September 1, 2025.