Bill Text: TX HB310 | 2017 | 85th Legislature 1st Special Session | Introduced


Bill Title: Relating to certain sentencing procedures in a capital case.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-08-02 - Left pending in committee [HB310 Detail]

Download: Texas-2017-HB310-Introduced.html
  85S10726 MEW-F
 
  By: Herrero H.B. No. 310
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain sentencing procedures in a capital case.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2(a)(1), Article 37.071, Code of
  Criminal Procedure, is amended to read as follows:
               (1)  If a defendant is tried for a capital offense in
  which the state seeks the death penalty, on a finding that the
  defendant is guilty of a capital offense, the court shall conduct a
  separate sentencing proceeding to determine whether the defendant
  shall be sentenced to death or life imprisonment without
  parole.  The proceeding shall be conducted in the trial court and,
  except as provided by Article 44.29(c) [of this code], before the
  trial jury as soon as practicable.  In the proceeding, evidence may
  be presented by the state and the defendant or the defendant's
  counsel as to any matter that the court deems relevant to sentence,
  including evidence of the defendant's background or character or
  the circumstances of the offense that mitigates against the
  imposition of the death penalty.  This subdivision shall not be
  construed to authorize the introduction of any evidence secured in
  violation of the Constitution of the United States or of the State
  of Texas.  The state and the defendant or the defendant's counsel
  shall be permitted to present argument for or against sentence of
  death.  The introduction of evidence of extraneous conduct is
  governed by the notice requirements of Section 3(g), Article
  37.07.  [The court, the attorney representing the state, the
  defendant, or the defendant's counsel may not inform a juror or a
  prospective juror of the effect of a failure of a jury to agree on
  issues submitted under Subsection (c) or (e).]
         SECTION 2.  Section 2(d), Article 37.071, Code of Criminal
  Procedure, is amended to read as follows:
         (d)  The court shall charge the jury that:
               (1)  in deliberating on the issues submitted under
  Subsection (b) [of this article], the jury [it] shall consider all
  evidence admitted at the guilt or innocence stage and the
  punishment stage, including evidence of the defendant's background
  or character or the circumstances of the offense that militates for
  or mitigates against the imposition of the death penalty;
               (2)  the jury [it] may not answer any issue submitted
  under Subsection (b) [of this article] "yes" unless the jury [it]
  agrees unanimously [and it may not answer any issue "no" unless 10
  or more jurors agree]; and
               (3)  members of the jury need not agree on what
  particular evidence supports a negative answer to any issue
  submitted under Subsection (b) [of this article].
         SECTION 3.  Section 2(f), Article 37.071, Code of Criminal
  Procedure, is amended to read as follows:
         (f)  The court shall charge the jury that in answering the
  issue submitted under Subsection (e) [of this article], the jury:
               (1)  shall answer the issue "yes" or "no";
               (2)  may not answer the issue "no" unless the jury [it]
  agrees unanimously [and may not answer the issue "yes" unless 10 or
  more jurors agree];
               (3)  need not agree on what particular evidence
  supports an affirmative finding on the issue; and
               (4)  shall consider mitigating evidence to be evidence
  that a juror might regard as reducing the defendant's moral
  blameworthiness.
         SECTION 4.  The change in law made by this Act applies only
  to a criminal proceeding that commences on or after the effective
  date of this Act. A criminal proceeding that commenced before the
  effective date of this Act is governed by the law in effect on the
  date the proceeding commenced, and the former law is continued in
  effect for that purpose.
         SECTION 5.  This Act takes effect December 1, 2017.
feedback