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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for a capital felony committed by an |
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individual younger than 18 years of age. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.31, Penal Code, is amended to read as |
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follows: |
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Sec. 12.31. CAPITAL FELONY. (a) An individual adjudged |
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guilty of a capital felony in a case in which the state seeks the |
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death penalty shall be punished by imprisonment in the Texas |
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Department of Criminal Justice for life without parole or by |
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death. An individual adjudged guilty of a capital felony in a case |
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in which the state does not seek the death penalty shall be punished |
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by imprisonment in the Texas Department of Criminal Justice for: |
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(1) a term of not more than 99 years or less than 25 |
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years [life], if the individual committed the offense when younger |
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than 18 years of age [individual's case was transferred to the court
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under Section 54.02, Family Code]; or |
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(2) life without parole, if the individual committed |
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the offense when 18 years of age or older. |
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(b) In a capital felony trial in which the state seeks the |
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death penalty, prospective jurors shall be informed that a sentence |
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of life imprisonment without parole or death is mandatory on |
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conviction of a capital felony. In a capital felony trial in which |
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the state does not seek the death penalty, prospective jurors shall |
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be informed that the state is not seeking the death penalty and |
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that: |
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(1) a sentence of [life] imprisonment for a term of not |
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more than 99 years or less than 25 years is mandatory on conviction |
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of the capital felony, if the individual committed the offense when |
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younger than 18 years of age [case was transferred to the court
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under Section 54.02, Family Code]; or |
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(2) a sentence of life imprisonment without parole is |
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mandatory on conviction of the capital felony, if the individual |
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committed the offense when 18 years of age or older. |
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SECTION 2. Section 12.42, Penal Code, is amended by adding |
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Subsection (e) to read as follows: |
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(e) For purposes of this section, a person convicted of a |
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capital felony who is punished by imprisonment for a term of not |
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more than 99 years or less than 25 years is considered to have been |
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convicted of a felony of the first degree. |
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SECTION 3. Section 1, Article 37.071, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 1. (a) If a defendant is found guilty in a capital |
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felony case in which the state does not seek the death penalty, the |
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[judge shall sentence the] defendant shall be sentenced to |
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imprisonment for a term of not more than 99 years or less than 25 |
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years or to life imprisonment without parole as described by this |
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section and by Section 12.31, Penal Code. |
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(b) The judge shall impose a sentence of imprisonment in the |
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Texas Department of Criminal Justice for life without parole on a |
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defendant who was 18 years of age or older at the time the capital |
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felony was committed. |
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(c)(1) The judge or jury shall impose a sentence of |
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imprisonment for a term of not more than 99 years or less than 25 |
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years on a defendant who was younger than 18 years of age at the time |
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the capital felony was committed. |
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(2) In determining an appropriate term of imprisonment |
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under this subsection, the court shall consider any mitigating |
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factors that may have contributed to the commission of the offense. |
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If a jury will determine the sentence, the court shall instruct the |
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jury to consider mitigating factors consistent with this |
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subdivision. The defendant or the defendant's counsel may submit |
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mitigating factors to the court, including any of the following |
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information about the defendant: |
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(A) age at the time of the offense; |
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(B) developmental stage at the time of the |
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offense; |
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(C) family and community environment; |
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(D) ability to appreciate the risks and |
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consequences of the conduct; |
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(E) intellectual capacity; |
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(F) the outcomes of a comprehensive mental health |
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evaluation described by Subdivision (3); |
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(G) peer or familial pressure; |
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(H) level of participation in the offense; |
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(I) ability to participate meaningfully in the |
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defense of the case; |
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(J) capacity for rehabilitation; |
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(K) school records and special education |
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evaluations; |
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(L) trauma history; |
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(M) faith and community involvement; |
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(N) involvement in the child welfare system; and |
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(O) any other mitigating factor or circumstance. |
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(3) At the defendant's request following the |
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adjudication of guilt, a mental health professional licensed in |
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this state and specializing in adolescent mental health issues |
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shall conduct a comprehensive mental health evaluation. The court |
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shall consider the outcomes of the evaluation in determining an |
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appropriate term of imprisonment under this subsection. The |
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comprehensive mental health evaluation must include: |
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(A) family interviews; |
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(B) family history; |
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(C) prenatal history; |
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(D) developmental history; |
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(E) medical history; |
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(F) history of treatment for substance use; |
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(G) social history; and |
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(H) a psychological evaluation. |
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(4) The defendant or the defendant's counsel may also |
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submit to the court for consideration as a mitigating factor |
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research about adolescent brain development and its impact on |
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adolescent behavior and capacity for rehabilitation. |
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SECTION 4. Section 508.145(b), Government Code, is amended |
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to read as follows: |
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(b) An inmate serving a [life] sentence for a capital felony |
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under Section 12.31(a)(1), Penal Code, for a term of not more than |
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99 years or less than 25 years [capital felony] is not eligible for |
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release on parole until the actual calendar time the inmate has |
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served, without consideration of good conduct time, equals 25 [40] |
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calendar years. |
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SECTION 5. (a) Except as provided by Subsection (b) of this |
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section, the change in law made by this Act applies to: |
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(1) a criminal action for which a final conviction |
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exists on the effective date of this Act if the defendant is serving |
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a sentence of life without parole for the offense and was younger |
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than 18 years of age at the time the offense was committed; and |
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(2) any other criminal action that is pending, on |
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appeal, or commenced on or after the effective date of this Act, |
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regardless of whether the criminal action is based on an offense |
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committed before, on, or after that date. |
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(b) The change in law made by this Act in adding Section |
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12.42(e), Penal Code, applies only to an offense committed on or |
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after the effective date of this Act. An offense committed before |
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the effective date of this Act is covered by the law in effect when |
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the offense was committed, and the former law is continued in effect |
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for that purpose. For purposes of this subsection, an offense was |
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committed before the effective date of this Act if any element of |
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the offense occurred before that date. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |