Bill Text: TX HB109 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to consideration of certain mitigating evidence at the sentencing proceeding of a defendant or the disposition hearing of a child.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-02-12 - Referred to Criminal Jurisprudence [HB109 Detail]

Download: Texas-2015-HB109-Introduced.html

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84R129 GCB-D
By: Guillen H.B. No. 109

A BILL TO BE ENTITLED
AN ACT
relating to consideration of certain mitigating evidence at the
sentencing proceeding of a defendant or the disposition hearing of
a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.021 to read as follows:
Art. 42.021. LIMITATION ON MITIGATING EVIDENCE.
Notwithstanding any other law, at the sentencing proceeding of a
defendant the trier of fact may not consider any evidence offered to
establish that the defendant did not understand the consequences of
the defendant's actions because the defendant was raised in a
household that was overly permissive due to affluent circumstances.
SECTION 2. Chapter 54, Family Code, is amended by adding
Section 54.0403 to read as follows:
Sec. 54.0403. LIMITATION ON MITIGATING EVIDENCE.
Notwithstanding any other law, at a disposition hearing held under
Section 54.04 the trier of fact may not consider any evidence
offered to establish that the defendant did not understand the
consequences of the defendant's actions because the defendant was
raised in a household that was overly permissive due to affluent
circumstances.
SECTION 3. Article 42.021, Code of Criminal Procedure, as
added by this Act, applies only to a sentencing proceeding that
commences on or after the effective date of this Act, regardless of
whether the applicable offense occurred before, on, or after the
effective date of this Act.
SECTION 4. Section 54.0403, Family Code, as added by this
Act, applies to a disposition hearing that commences on or after the
effective date of this Act, regardless of whether the applicable
delinquent conduct occurred before, on, or after the effective date
of this Act.
SECTION 5. This Act takes effect September 1, 2015.