Bill Text: TX HB10 | 2013 | 83rd Legislature 2nd Special Session | Introduced
Bill Title: Relating to the punishment for a capital felony committed by an individual younger than 18 years of age.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-07-08 - Left pending in committee [HB10 Detail]
Download: Texas-2013-HB10-Introduced.html
| 83S20027 KEL-D | ||
| By: Canales | H.B. No. 10 | |
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| relating to the punishment for a capital felony committed by an | ||
| individual younger than 18 years of age. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 12.31, Penal Code, is amended to read as | ||
| follows: | ||
| Sec. 12.31. CAPITAL FELONY. (a) An individual adjudged | ||
| guilty of a capital felony in a case in which the state seeks the | ||
| death penalty shall be punished by imprisonment in the Texas | ||
| Department of Criminal Justice for life without parole or by death. | ||
| An individual adjudged guilty of a capital felony in a case in which | ||
| the state does not seek the death penalty shall be punished by | ||
| imprisonment in the Texas Department of Criminal Justice [ |
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| (1) for life, if the individual committed the offense | ||
| when younger than 17 years of age [ |
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| (2) for life or for life without parole, if the | ||
| individual committed the offense when 17 years of age; or | ||
| (3) for [ |
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| committed the offense when 18 years of age or older. | ||
| (b) In a capital felony trial in which the state seeks the | ||
| death penalty, prospective jurors shall be informed that a sentence | ||
| of life imprisonment without parole or death is mandatory on | ||
| conviction of a capital felony. In a capital felony trial in which | ||
| the state does not seek the death penalty, prospective jurors shall | ||
| be informed that the state is not seeking the death penalty and | ||
| that: | ||
| (1) a sentence of life imprisonment is mandatory on | ||
| conviction of the capital felony, if the individual committed the | ||
| offense when younger than 17 years of age [ |
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| (2) a sentence of either life imprisonment or life | ||
| imprisonment without parole is mandatory on conviction of the | ||
| capital felony, if the individual committed the offense when 17 | ||
| years of age; or | ||
| (3) [ |
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| parole is mandatory on conviction of the capital felony, if the | ||
| individual committed the offense when 18 years of age or older. | ||
| SECTION 2. Section 1, Article 37.071, Code of Criminal | ||
| Procedure, is amended to read as follows: | ||
| Sec. 1. (a) If a defendant is found guilty in a capital | ||
| felony case in which the state does not seek the death penalty, the | ||
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| imprisonment for life or for life [ |
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| described by this section and by Section 12.31, Penal Code. | ||
| (b) The judge shall impose a sentence of imprisonment in the | ||
| Texas Department of Criminal Justice for life without parole with | ||
| respect to a defendant who was 18 years of age or older at the time | ||
| the capital felony was committed. | ||
| (c) The judge shall impose a sentence of imprisonment in the | ||
| Texas Department of Criminal Justice for life with respect to a | ||
| defendant who was younger than 17 years of age at the time the | ||
| capital felony was committed. | ||
| (d)(1) The judge or jury shall impose a sentence of | ||
| imprisonment in the Texas Department of Criminal Justice for life | ||
| or for life without parole with respect to a defendant who was 17 | ||
| years of age at the time the capital felony was committed. | ||
| Notwithstanding the exception language provided by Section 2(b), | ||
| Article 37.07, the determination of who will assess punishment | ||
| under this subsection is governed by Section 2(b), Article 37.07. | ||
| (2) Evidence may be offered by the state and the | ||
| defendant as to any matter the court considers relevant to the | ||
| sentence, as governed by Section 3, Article 37.07, including | ||
| evidence of the defendant's background or character and evidence of | ||
| the circumstances of the offense. In determining the appropriate | ||
| sentence, the judge or jury shall consider any relevant mitigating | ||
| factor or circumstance, including any factor or circumstance that | ||
| may have contributed to the commission of the offense and any other | ||
| factor or circumstance described by this subdivision. The | ||
| defendant or the defendant's counsel may submit mitigating factors | ||
| or circumstances to the court, including any of the following | ||
| information about the defendant: | ||
| (A) age at the time of the offense; | ||
| (B) developmental stage at the time of the | ||
| offense; | ||
| (C) family and community environment; | ||
| (D) ability to appreciate the risks and | ||
| consequences of the conduct; | ||
| (E) intellectual capacity; | ||
| (F) the outcomes of the comprehensive mental | ||
| health evaluation described by Subdivision (3); | ||
| (G) peer or familial pressure; | ||
| (H) level of participation in the offense; | ||
| (I) ability to participate meaningfully in the | ||
| defense of the case; | ||
| (J) capacity for rehabilitation; | ||
| (K) school records and special education | ||
| evaluations; | ||
| (L) trauma history; | ||
| (M) faith and community involvement; | ||
| (N) involvement in the child welfare system; and | ||
| (O) any other mitigating factor or circumstance. | ||
| (3) At the defendant's request following the | ||
| adjudication of guilt, a mental health professional licensed in | ||
| this state and specializing in adolescent mental health issues | ||
| shall conduct a comprehensive mental health evaluation. The court | ||
| shall consider the outcomes of the evaluation in determining the | ||
| appropriate sentence under this subsection. The comprehensive | ||
| mental health evaluation must include: | ||
| (A) family interviews; | ||
| (B) family history; | ||
| (C) prenatal history; | ||
| (D) developmental history; | ||
| (E) medical history; | ||
| (F) history of treatment for substance use; | ||
| (G) social history; and | ||
| (H) a psychological evaluation. | ||
| (4) The defendant or the defendant's counsel may also | ||
| submit to the court for consideration as a mitigating factor or | ||
| circumstance research about adolescent brain development and its | ||
| impact on adolescent behavior and capacity for rehabilitation. | ||
| (5) If the punishment is to be assessed by the jury | ||
| rather than the judge, the judge shall charge the jury in writing as | ||
| follows: | ||
| "Under the law applicable in this case, a defendant | ||
| sentenced to imprisonment for life without parole is ineligible for | ||
| release on parole from the Texas Department of Criminal Justice. | ||
| "It is possible that any other sentence of imprisonment | ||
| for life might be reduced by the award of parole. However, the | ||
| defendant will not become eligible for parole until the actual time | ||
| served equals 30 years, without consideration of good conduct time, | ||
| and the eligibility for parole does not guarantee that parole will | ||
| be granted. | ||
| "It cannot accurately be predicted how the parole law | ||
| might be applied to this defendant if the defendant is sentenced to | ||
| life imprisonment, because the application of this law will depend | ||
| on decisions made by prison and parole authorities. | ||
| "You may consider the existence of the parole law. | ||
| However, you are not to consider the manner in which the parole law | ||
| may be applied to this particular defendant." | ||
| (6) Subdivision (5) does not permit the introduction | ||
| of evidence on the operation of parole laws. | ||
| SECTION 3. Section 508.145(b), Government Code, is amended | ||
| to read as follows: | ||
| (b) An inmate serving a life sentence under Section | ||
| 12.31(a)(1) or (2), Penal Code, for a capital felony is not eligible | ||
| for release on parole until the actual calendar time the inmate has | ||
| served, without consideration of good conduct time, equals 30 [ |
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| calendar years. | ||
| SECTION 4. The change in law made by this Act: | ||
| (1) applies to a criminal action pending, on appeal, | ||
| or commenced on or after the effective date of this Act, regardless | ||
| of whether the criminal action is based on an offense committed | ||
| before, on, or after that date; and | ||
| (2) does not affect a final conviction that exists on | ||
| the effective date of this Act. | ||
| SECTION 5. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect on the 91st day after the last day of the | ||
| legislative session. | ||
