Texas 2025 - 89th Regular

Texas House Bill HB651 Compare Versions

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

Old	New	Differences
1	1	89R3934 MEW-D
2	2	By: Moody H.B. No. 651
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to abolishing the death penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 12.31, Penal Code, is amended to read as
12	12	follows:
13	13	Sec. 12.31. CAPITAL FELONY. (a) An individual adjudged
14	14	guilty of a capital felony [in a case in which the state seeks the
15	15	death penalty shall be punished by imprisonment in the Texas
16	16	Department of Criminal Justice for life without parole or by death.
17	17	An individual adjudged guilty of a capital felony in a case in which
18	18	the state does not seek the death penalty] shall be punished by
19	19	imprisonment in the Texas Department of Criminal Justice for:
20	20	(1) life, if the individual committed the offense when
21	21	younger than 18 years of age; or
22	22	(2) life without parole, if the individual committed
23	23	the offense when 18 years of age or older.
24	24	(b) In a capital felony trial [in which the state seeks the
25	25	death penalty, prospective jurors shall be informed that a sentence
26	26	of life imprisonment without parole or death is mandatory on
27	27	conviction of a capital felony. In a capital felony trial in which
28	28	the state does not seek the death penalty], prospective jurors
29	29	shall be informed [that the state is not seeking the death penalty
30	30	and] that:
31	31	(1) a sentence of life imprisonment is mandatory on
32	32	conviction of the capital felony, if the individual committed the
33	33	offense when younger than 18 years of age; or
34	34	(2) a sentence of life imprisonment without parole is
35	35	mandatory on conviction of the capital felony, if the individual
36	36	committed the offense when 18 years of age or older.
37	37	SECTION 2. Articles 1.13(a) and (b), Code of Criminal
38	38	Procedure, are amended to read as follows:
39	39	(a) Subject to Subsection (b), the [The] defendant in a
40	40	criminal prosecution for any offense is entitled [other than a
41	41	capital felony case in which the state notifies the court and the
42	42	defendant that it will seek the death penalty shall have the right],
43	43	upon entering a plea, to waive the right of trial by jury,
44	44	conditioned, however, that, except as provided by Article 27.19,
45	45	the waiver must be made in person by the defendant in writing in
46	46	open court with the consent and approval of the court, and the
47	47	attorney representing the state. The consent and approval by the
48	48	court shall be entered of record on the minutes of the court, and
49	49	the consent and approval of the attorney representing the state
50	50	shall be in writing, signed by that attorney, and filed in the
51	51	papers of the cause before the defendant enters the defendant's
52	52	plea.
53	53	(b) In a capital felony case [in which the attorney
54	54	representing the State notifies the court and the defendant that it
55	55	will not seek the death penalty], the defendant may waive the right
56	56	to trial by jury but only if the attorney representing the state
57	57	[State], in writing and in open court, consents to the waiver.
58	58	SECTION 3. Articles 26.04(b) and (g), Code of Criminal
59	59	Procedure, are amended to read as follows:
60	60	(b) Procedures adopted under Subsection (a) shall:
61	61	(1) authorize only the judges of the county courts,
62	62	statutory county courts, and district courts trying criminal cases
63	63	in the county, or the judges' designee, to appoint counsel for
64	64	indigent defendants in the county;
65	65	(2) apply to each appointment of counsel made by a
66	66	judge or the judges' designee in the county;
67	67	(3) ensure that each indigent defendant in the county
68	68	who is charged with a misdemeanor punishable by confinement or with
69	69	a felony and who appears in court without counsel has an opportunity
70	70	to confer with appointed counsel before the commencement of
71	71	judicial proceedings;
72	72	(4) [require appointments for defendants in capital
73	73	cases in which the death penalty is sought to comply with any
74	74	applicable requirements under Articles 11.071 and 26.052;
75	75	[(5)] ensure that each attorney appointed from a public
76	76	appointment list to represent an indigent defendant perform the
77	77	attorney's duty owed to the defendant in accordance with the
78	78	adopted procedures, the requirements of this code, and applicable
79	79	rules of ethics; and
80	80	(5) [(6)] ensure that appointments are allocated
81	81	among qualified attorneys in a manner that is fair, neutral, and
82	82	nondiscriminatory.
83	83	(g) A countywide alternative program for appointing counsel
84	84	for indigent defendants in criminal cases is established by a
85	85	formal action in which two-thirds of the judges of the courts
86	86	designated under this subsection vote to establish the alternative
87	87	program. An alternative program for appointing counsel in
88	88	misdemeanor and felony cases may be established in the manner
89	89	provided by this subsection by the judges of the county courts,
90	90	statutory county courts, and district courts trying criminal cases
91	91	in the county. An alternative program for appointing counsel in
92	92	misdemeanor cases may be established in the manner provided by this
93	93	subsection by the judges of the county courts and statutory county
94	94	courts trying criminal cases in the county. An alternative program
95	95	for appointing counsel in felony cases may be established in the
96	96	manner provided by this subsection by the judges of the district
97	97	courts trying criminal cases in the county. In a county in which an
98	98	alternative program is established:
99	99	(1) the alternative program may:
100	100	(A) use a single method for appointing counsel or
101	101	a combination of methods; and
102	102	(B) use a multicounty appointment list using a
103	103	system of rotation; and
104	104	(2) the procedures adopted under Subsection (a) must
105	105	ensure that:
106	106	(A) attorneys appointed using the alternative
107	107	program to represent defendants in misdemeanor cases punishable by
108	108	confinement:
109	109	(i) meet specified objective
110	110	qualifications for that representation, which may be graduated
111	111	according to the degree of seriousness of the offense and whether
112	112	representation will be provided in trial court proceedings,
113	113	appellate proceedings, or both; and
114	114	(ii) are approved by a majority of the
115	115	judges of the county courts and statutory county courts trying
116	116	misdemeanor cases in the county;
117	117	(B) attorneys appointed using the alternative
118	118	program to represent defendants in felony cases:
119	119	(i) meet specified objective
120	120	qualifications for that representation, which may be graduated
121	121	according to the degree of seriousness of the offense and whether
122	122	representation will be provided in trial court proceedings,
123	123	appellate proceedings, or both; and
124	124	(ii) are approved by a majority of the
125	125	judges of the district courts trying felony cases in the county; and
126	126	(C) [appointments for defendants in capital
127	127	cases in which the death penalty is sought comply with the
128	128	requirements of Article 26.052; and
129	129	[(D)] appointments are reasonably and impartially
130	130	allocated among qualified attorneys.
131	131	SECTION 4. Article 34.01, Code of Criminal Procedure, is
132	132	amended to read as follows:
133	133	Art. 34.01. SPECIAL VENIRE. A "special venire" is a writ
134	134	issued in a capital case by order of the district court, commanding
135	135	the sheriff to summon either verbally or by mail such a number of
136	136	persons, not less than 50, as the court may order, to appear before
137	137	the court on a day named in the writ from whom the jury for the trial
138	138	of such case is to be selected. Where as many as 100 [one hundred]
139	139	jurors have been summoned in such county for regular service for the
140	140	week in which such capital case is set for trial, the judge of the
141	141	court having jurisdiction of a capital case in which a motion for a
142	142	special venire has been made, shall grant or refuse such motion for
143	143	a special venire, and upon such refusal require the case to be tried
144	144	by regular jurors summoned for service in such county for the week
145	145	in which such capital case is set for trial and such additional
146	146	talesmen as may be summoned by the sheriff upon order of the court
147	147	as provided in Article 34.02 [of this Code, but the clerk of such
148	148	court shall furnish the defendant or his counsel a list of the
149	149	persons summoned as provided in Article 34.04].
150	150	SECTION 5. Article 35.15(b), Code of Criminal Procedure, is
151	151	amended to read as follows:
152	152	(b) In [non-capital] felony cases [and in capital cases in
153	153	which the State does not seek the death penalty], the state [State]
154	154	and defendant shall each be entitled to 10 [ten] peremptory
155	155	challenges. If two or more defendants are tried together each
156	156	defendant shall be entitled to six peremptory challenges and the
157	157	state [State] to six for each defendant.
158	158	SECTION 6. Article 35.16(b), Code of Criminal Procedure, is
159	159	amended to read as follows:
160	160	(b) A challenge for cause may be made by the state [State]
161	161	for any of the following reasons:
162	162	1. That the juror has conscientious scruples in regard
163	163	to the imposition [infliction] of a sentence of imprisonment for
164	164	life without parole [the punishment of death for crime,] in a
165	165	capital case[, where the State is seeking the death penalty];
166	166	2. That the juror [he] is related within the third
167	167	degree of consanguinity or affinity, as determined under Chapter
168	168	573, Government Code, to the defendant; and
169	169	3. That the juror [he] has a bias or prejudice against
170	170	any phase of the law upon which the state [State] is entitled to
171	171	rely for conviction or punishment.
172	172	SECTION 7. Article 35.17, Code of Criminal Procedure, is
173	173	amended to read as follows:
174	174	Art. 35.17. VOIR DIRE EXAMINATION
175	175	[1]. When the court in its discretion so directs, [except as
176	176	provided in Section 2,] the state and defendant shall conduct the
177	177	voir dire examination of prospective jurors in the presence of the
178	178	entire panel.
179	179	[2. In a capital felony case in which the State seeks the
180	180	death penalty, the court shall propound to the entire panel of
181	181	prospective jurors questions concerning the principles, as
182	182	applicable to the case on trial, of reasonable doubt, burden of
183	183	proof, return of indictment by grand jury, presumption of
184	184	innocence, and opinion. Then, on demand of the State or defendant,
185	185	either is entitled to examine each juror on voir dire individually
186	186	and apart from the entire panel, and may further question the juror
187	187	on the principles propounded by the court.]
188	188	SECTION 8. Article 35.25, Code of Criminal Procedure, is
189	189	amended to read as follows:
190	190	Art. 35.25. MAKING PEREMPTORY CHALLENGE. The [In
191	191	non-capital cases and in capital cases in which the State's
192	192	attorney has announced that he will not qualify the jury for, or
193	193	seek the death penalty, the] party desiring to challenge any juror
194	194	peremptorily shall strike the name of such juror from the list
195	195	furnished the party [him] by the clerk.
196	196	SECTION 9. Article 35.26, Code of Criminal Procedure, is
197	197	amended to read as follows:
198	198	Art. 35.26. LISTS RETURNED TO CLERK. [(a)] When the parties
199	199	have made or declined to make their peremptory challenges, they
200	200	shall deliver their lists to the clerk. The [Except as provided in
201	201	Subsection (b) of this section, the] clerk shall, if the case be in
202	202	the district court, call off the first 12 [twelve] names on the
203	203	lists that have not been stricken. If the case be in the county
204	204	court, the clerk [he] shall call off the first six names on the
205	205	lists that have not been stricken. Those whose names are called
206	206	shall be the jury.
207	207	[(b) In a capital case in which the state seeks the death
208	208	penalty, the court may direct that two alternate jurors be selected
209	209	and that the first fourteen names not stricken be called off by the
210	210	clerk. The last two names to be called are the alternate jurors.]
211	211	SECTION 10. Article 36.29(a), Code of Criminal Procedure,
212	212	is amended to read as follows:
213	213	(a) Not less than 12 [twelve] jurors can render and return a
214	214	verdict in a felony case. It must be concurred in by each juror and
215	215	signed by the foreman. After [Except as provided in Subsection (b),
216	216	however, after] the trial of any felony case begins and a juror dies
217	217	or, as determined by the judge, becomes disabled from sitting at any
218	218	time before the charge of the court is read to the jury, the
219	219	remainder of the jury shall have the power to render the verdict;
220	220	but when the verdict shall be rendered by less than the whole
221	221	number, it shall be signed by every member of the jury concurring in
222	222	it.
223	223	SECTION 11. Section 2(b), Article 37.07, Code of Criminal
224	224	Procedure, is amended to read as follows:
225	225	(b) If [Except as provided by Article 37.071 or 37.072, if]
226	226	a finding of guilty is returned, it shall then be the responsibility
227	227	of the judge to assess the punishment applicable to the offense;
228	228	provided, however, that (1) in any criminal action where the jury
229	229	may recommend community supervision and the defendant filed the
230	230	defendant's [his] sworn motion for community supervision before the
231	231	trial began, and (2) in other cases where the defendant so elects in
232	232	writing before the commencement of the voir dire examination of the
233	233	jury panel, the punishment shall be assessed by the same jury,
234	234	except as provided in Section 3(c) of this article and in Article
235	235	44.29. If a finding of guilty is returned, the defendant may, with
236	236	the consent of the attorney for the state, change the defendant's
237	237	[his] election of one who assesses the punishment.
238	238	SECTION 12. Section 1, Article 42.01, Code of Criminal
239	239	Procedure, is amended to read as follows:
240	240	Sec. 1. A judgment is the written declaration of the court
241	241	signed by the trial judge and entered of record showing the
242	242	conviction or acquittal of the defendant. The sentence served shall
243	243	be based on the information contained in the judgment. The judgment
244	244	shall reflect:
245	245	1. The title and number of the case;
246	246	2. That the case was called and the parties appeared,
247	247	naming the attorney for the state, the defendant, and the attorney
248	248	for the defendant, or, where a defendant is not represented by
249	249	counsel, that the defendant knowingly, intelligently, and
250	250	voluntarily waived the right to representation by counsel;
251	251	3. The plea or pleas of the defendant to the offense
252	252	charged;
253	253	4. Whether the case was tried before a jury or a jury
254	254	was waived;
255	255	5. The submission of the evidence, if any;
256	256	6. In cases tried before a jury that the jury was
257	257	charged by the court;
258	258	7. The verdict or verdicts of the jury or the finding
259	259	or findings of the court;
260	260	8. In the event of a conviction that the defendant is
261	261	adjudged guilty of the offense as found by the verdict of the jury
262	262	or the finding of the court, and that the defendant be punished in
263	263	accordance with the jury's verdict or the court's finding as to the
264	264	proper punishment;
265	265	9. In the event of conviction where [death or] any
266	266	punishment is assessed that the defendant be sentenced to [death,]
267	267	a term of confinement or community supervision, or to pay a fine, as
268	268	the case may be;
269	269	10. In the event of conviction where the imposition of
270	270	sentence is suspended and the defendant is placed on community
271	271	supervision, setting forth the punishment assessed, the length of
272	272	community supervision, and the conditions of community
273	273	supervision;
274	274	11. In the event of acquittal that the defendant be
275	275	discharged;
276	276	12. The county and court in which the case was tried
277	277	and, if there was a change of venue in the case, the name of the
278	278	county in which the prosecution was originated;
279	279	13. The offense or offenses for which the defendant
280	280	was convicted;
281	281	14. The date of the offense or offenses and degree of
282	282	offense for which the defendant was convicted;
283	283	15. The term of sentence;
284	284	16. The date judgment is entered;
285	285	17. The date sentence is imposed;
286	286	18. The date sentence is to commence and any credit for
287	287	time served;
288	288	19. The terms of any order entered pursuant to Article
289	289	42.08 that the defendant's sentence is to run cumulatively or
290	290	concurrently with another sentence or sentences;
291	291	20. The terms of any plea bargain;
292	292	21. Affirmative findings entered pursuant to Article
293	293	42A.054(c) or (d);
294	294	22. The terms of any fee payment ordered under Article
295	295	42.151;
296	296	23. The defendant's thumbprint taken in accordance
297	297	with Article 38.33;
298	298	24. In the event that the judge orders the defendant to
299	299	repay a reward or part of a reward under Articles 37.073 and 42.152,
300	300	a statement of the amount of the payment or payments required to be
301	301	made;
302	302	25. In the event that the court orders restitution to
303	303	be paid to the victim, a statement of the amount of restitution
304	304	ordered and:
305	305	(A) the name and address of a person or agency
306	306	that will accept and forward restitution payments to the victim; or
307	307	(B) if the court specifically elects to have
308	308	payments made directly to the crime victim, the name and permanent
309	309	address of the victim at the time of judgment;
310	310	26. In the event that a presentence investigation is
311	311	required by Subchapter F, Chapter 42A, a statement that the
312	312	presentence investigation was done according to the applicable
313	313	provision;
314	314	27. In the event of conviction of an offense for which
315	315	registration as a sex offender is required under Chapter 62, a
316	316	statement that the registration requirement of that chapter applies
317	317	to the defendant and a statement of the age of the victim of the
318	318	offense;
319	319	28. The defendant's state identification number
320	320	required by Article 66.152(a)(2), if that number has been assigned
321	321	at the time of the judgment; and
322	322	29. The incident number required by Article
323	323	66.152(a)(4), if that number has been assigned at the time of the
324	324	judgment.
325	325	SECTION 13. Section 557.012(b), Government Code, is amended
326	326	to read as follows:
327	327	(b) An offense under this section is punishable by[:
328	328	[(1) death; or
329	329	[(2)] confinement in the Texas Department of Criminal
330	330	Justice for:
331	331	(1) [(A)] life; or
332	332	(2) [(B)] a term of not less than two years.
333	333	SECTION 14. The following provisions of the Code of
334	334	Criminal Procedure are repealed:
335	335	(1) Article 34.04;
336	336	(2) Articles 35.13 and 35.15(a);
337	337	(3) Article 36.29(b);
338	338	(4) Articles 37.071, 37.0711, and 37.072;
339	339	(5) Articles 38.43(i), (j), (k), (l), and (m); and
340	340	(6) Article 42.04.
341	341	SECTION 15. The change in law made by this Act:
342	342	(1) applies to a criminal action pending, on appeal,
343	343	or commenced on or after the effective date of this Act, regardless
344	344	of whether the criminal action is based on an offense committed
345	345	before, on, or after that date; and
346	346	(2) does not affect a final conviction that exists on
347	347	the effective date of this Act.
348	348	SECTION 16. This Act takes effect immediately if it
349	349	receives a vote of two-thirds of all the members elected to each
350	350	house, as provided by Section 39, Article III, Texas Constitution.
351	351	If this Act does not receive the vote necessary for immediate
352	352	effect, this Act takes effect September 1, 2025.