Bill Text: TX HB819 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to abolishing the death penalty.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2011-03-29 - Left pending in committee [HB819 Detail]
Download: Texas-2011-HB819-Introduced.html
82R3562 GCB-D | ||
By: Farrar | H.B. No. 819 |
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relating to abolishing the death penalty. | ||
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 [ |
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imprisonment in the Texas Department of Criminal Justice for: | ||
(1) life, if the individual's case was transferred to | ||
the court under Section 54.02, Family Code; or | ||
(2) life without parole. | ||
(b) In a capital felony trial [ |
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shall be informed [ |
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(1) a sentence of life imprisonment is mandatory on | ||
conviction of the capital felony, if the case was transferred to the | ||
court under Section 54.02, Family Code; or | ||
(2) a sentence of life imprisonment without parole is | ||
mandatory on conviction of the capital felony. | ||
SECTION 2. Article 1.13(a), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(a) The defendant in a criminal prosecution for any offense | ||
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have the right, upon entering a plea, to waive the right of trial by | ||
jury, conditioned, however, that such waiver must be made in person | ||
by the defendant in writing in open court with the consent and | ||
approval of the court, and the attorney representing the State. The | ||
consent and approval by the court shall be entered of record on the | ||
minutes of the court, and the consent and approval of the attorney | ||
representing the State shall be in writing, signed by him, and filed | ||
in the papers of the cause before the defendant enters his plea. | ||
SECTION 3. Article 4.03, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 4.03. COURTS OF APPEALS. The Courts of Appeals shall | ||
have appellate jurisdiction coextensive with the limits of their | ||
respective districts in all criminal cases [ |
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appealed from any inferior court to the county court, the county | ||
criminal court, or county court at law, in which the fine imposed by | ||
the county court, the county criminal court or county court at law | ||
does not exceed one hundred dollars, unless the sole issue is the | ||
constitutionality of the statute or ordinance on which the | ||
conviction is based. | ||
SECTION 4. Section 2, Article 4.04, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Sec. 2. The Court of Criminal Appeals shall have, and is | ||
hereby given, final appellate and review jurisdiction in criminal | ||
cases coextensive with the limits of the state, and its | ||
determinations shall be final. [ |
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on its own motion, with or without a petition for such discretionary | ||
review being filed by one of the parties, review any decision of a | ||
court of appeals in a criminal case. Discretionary review by the | ||
Court of Criminal Appeals is not a matter of right, but of sound | ||
judicial discretion. | ||
SECTION 5. The heading to Article 11.07, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Art. 11.07. PROCEDURE AFTER CONVICTION [ |
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SECTION 6. Section 2, Article 11.07, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Sec. 2. After indictment found in any felony case[ |
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conviction, the writ must be made returnable in the county where the | ||
offense has been committed. | ||
SECTION 7. Section 3(b), Article 11.07, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(b) An application for writ of habeas corpus filed after | ||
final conviction in a felony case[ |
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in which the conviction being challenged was obtained, and the | ||
clerk shall assign the application to that court. When the | ||
application is received by that court, a writ of habeas corpus, | ||
returnable to the Court of Criminal Appeals, shall issue by | ||
operation of law. The clerk of that court shall make appropriate | ||
notation thereof, assign to the case a file number (ancillary to | ||
that of the conviction being challenged), and forward a copy of the | ||
application by certified mail, return receipt requested, or by | ||
personal service to the attorney representing the state in that | ||
court, who shall answer the application not later than the 15th day | ||
after the date the copy of the application is received. Matters | ||
alleged in the application not admitted by the state are deemed | ||
denied. | ||
SECTION 8. Articles 26.04(b) and (g), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(b) Procedures adopted under Subsection (a) shall: | ||
(1) authorize only the judges of the county courts, | ||
statutory county courts, and district courts trying criminal cases | ||
in the county, or the judges' designee, to appoint counsel for | ||
indigent defendants in the county; | ||
(2) apply to each appointment of counsel made by a | ||
judge or the judges' designee in the county; | ||
(3) ensure that each indigent defendant in the county | ||
who is charged with a misdemeanor punishable by confinement or with | ||
a felony and who appears in court without counsel has an opportunity | ||
to confer with appointed counsel before the commencement of | ||
judicial proceedings; | ||
(4) [ |
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public appointment list to represent an indigent defendant perform | ||
the attorney's duty owed to the defendant in accordance with the | ||
adopted procedures, the requirements of this code, and applicable | ||
rules of ethics; and | ||
(5) [ |
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among qualified attorneys in a manner that is fair, neutral, and | ||
nondiscriminatory. | ||
(g) A countywide alternative program for appointing counsel | ||
for indigent defendants in criminal cases is established by a | ||
formal action in which two-thirds of the judges of the courts | ||
designated under this subsection vote to establish the alternative | ||
program. An alternative program for appointing counsel in | ||
misdemeanor and felony cases may be established in the manner | ||
provided by this subsection by the judges of the county courts, | ||
statutory county courts, and district courts trying criminal cases | ||
in the county. An alternative program for appointing counsel in | ||
misdemeanor cases may be established in the manner provided by this | ||
subsection by the judges of the county courts and statutory county | ||
courts trying criminal cases in the county. An alternative program | ||
for appointing counsel in felony cases may be established in the | ||
manner provided by this subsection by the judges of the district | ||
courts trying criminal cases in the county. In a county in which an | ||
alternative program is established: | ||
(1) the alternative program may: | ||
(A) use a single method for appointing counsel or | ||
a combination of methods; and | ||
(B) use a multicounty appointment list using a | ||
system of rotation; and | ||
(2) the procedures adopted under Subsection (a) must | ||
ensure that: | ||
(A) attorneys appointed using the alternative | ||
program to represent defendants in misdemeanor cases punishable by | ||
confinement: | ||
(i) meet specified objective | ||
qualifications, which may be graduated according to the degree of | ||
seriousness of the offense, for providing representation in | ||
misdemeanor cases punishable by confinement; and | ||
(ii) are approved by a majority of the | ||
judges of the county courts and statutory county courts trying | ||
misdemeanor cases in the county; | ||
(B) attorneys appointed using the alternative | ||
program to represent defendants in felony cases: | ||
(i) meet specified objective | ||
qualifications, which may be graduated according to the degree of | ||
seriousness of the offense, for providing representation in felony | ||
cases; and | ||
(ii) are approved by a majority of the | ||
judges of the district courts trying felony cases in the county; and | ||
(C) [ |
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impartially allocated among qualified attorneys. | ||
SECTION 9. Article 26.05(d), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(d) A counsel in a criminal [ |
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attorney with a public defender, appointed to represent a defendant | ||
under this code shall be reimbursed for reasonable and necessary | ||
expenses, including expenses for investigation and for mental | ||
health and other experts. Expenses incurred with prior court | ||
approval shall be reimbursed in the [ |
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incurred without prior court approval shall be reimbursed in the | ||
manner provided for [ |
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SECTION 10. The heading to Article 26.052, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Art. 26.052. [ |
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APPOINTED COUNSEL. | ||
SECTION 11. Section 3, Article 31.08, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Sec. 3. An [ |
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under this article must be docketed in the appellate district in | ||
which the county of original venue is located. | ||
SECTION 12. Article 35.15(b), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(b) In [ |
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defendant shall each be entitled to ten peremptory challenges. If | ||
two or more defendants are tried together each defendant shall be | ||
entitled to six peremptory challenges and the State to six for each | ||
defendant. | ||
SECTION 13. Article 35.16(b), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(b) A challenge for cause may be made by the State for any of | ||
the following reasons: | ||
1. That the juror has conscientious scruples in regard | ||
to the imposition [ |
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life without parole [ |
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capital case[ |
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2. That he is related within the third degree of | ||
consanguinity or affinity, as determined under Chapter 573, | ||
Government Code, to the defendant; and | ||
3. That he has a bias or prejudice against any phase of | ||
the law upon which the State is entitled to rely for conviction or | ||
punishment. | ||
SECTION 14. Article 35.17, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 35.17. VOIR DIRE EXAMINATION. [ |
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its discretion so directs, [ |
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state and defendant shall conduct the voir dire examination of | ||
prospective jurors in the presence of the entire panel. | ||
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SECTION 15. Article 35.25, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 35.25. MAKING PEREMPTORY CHALLENGE. The [ |
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peremptorily shall strike the name of such juror from the list | ||
furnished him by the clerk. | ||
SECTION 16. Article 35.26, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 35.26. LISTS RETURNED TO CLERK. [ |
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have made or declined to make their peremptory challenges, they | ||
shall deliver their lists to the clerk. The [ |
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the district court, call off the first twelve names on the lists | ||
that have not been stricken. If the case be in the county court, he | ||
shall call off the first six names on the lists that have not been | ||
stricken. Those whose names are called shall be the jury. | ||
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SECTION 17. Section 2(b), Article 37.07, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(b) If [ |
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a finding of guilty is returned, it shall then be the responsibility | ||
of the judge to assess the punishment applicable to the offense; | ||
provided, however, that (1) in any criminal action where the jury | ||
may recommend community supervision and the defendant filed his | ||
sworn motion for community supervision before the trial began, and | ||
(2) in other cases where the defendant so elects in writing before | ||
the commencement of the voir dire examination of the jury panel, the | ||
punishment shall be assessed by the same jury, except as provided in | ||
Section 3(c) of this article and in Article 44.29. If a finding of | ||
guilty is returned, the defendant may, with the consent of the | ||
attorney for the state, change his election of one who assesses the | ||
punishment. | ||
SECTION 18. Section 1, Article 42.01, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Sec. 1. A judgment is the written declaration of the court | ||
signed by the trial judge and entered of record showing the | ||
conviction or acquittal of the defendant. The sentence served | ||
shall be based on the information contained in the judgment. The | ||
judgment shall reflect: | ||
1. The title and number of the case; | ||
2. That the case was called and the parties appeared, | ||
naming the attorney for the state, the defendant, and the attorney | ||
for the defendant, or, where a defendant is not represented by | ||
counsel, that the defendant knowingly, intelligently, and | ||
voluntarily waived the right to representation by counsel; | ||
3. The plea or pleas of the defendant to the offense | ||
charged; | ||
4. Whether the case was tried before a jury or a jury | ||
was waived; | ||
5. The submission of the evidence, if any; | ||
6. In cases tried before a jury that the jury was | ||
charged by the court; | ||
7. The verdict or verdicts of the jury or the finding | ||
or findings of the court; | ||
8. In the event of a conviction that the defendant is | ||
adjudged guilty of the offense as found by the verdict of the jury | ||
or the finding of the court, and that the defendant be punished in | ||
accordance with the jury's verdict or the court's finding as to the | ||
proper punishment; | ||
9. In the event of conviction where [ |
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punishment is assessed that the defendant be sentenced to [ |
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a term of confinement or community supervision, or to pay a fine, as | ||
the case may be; | ||
10. In the event of conviction where the imposition of | ||
sentence is suspended and the defendant is placed on community | ||
supervision, setting forth the punishment assessed, the length of | ||
community supervision, and the conditions of community | ||
supervision; | ||
11. In the event of acquittal that the defendant be | ||
discharged; | ||
12. The county and court in which the case was tried | ||
and, if there was a change of venue in the case, the name of the | ||
county in which the prosecution was originated; | ||
13. The offense or offenses for which the defendant | ||
was convicted; | ||
14. The date of the offense or offenses and degree of | ||
offense for which the defendant was convicted; | ||
15. The term of sentence; | ||
16. The date judgment is entered; | ||
17. The date sentence is imposed; | ||
18. The date sentence is to commence and any credit for | ||
time served; | ||
19. The terms of any order entered pursuant to Article | ||
42.08 of this code that the defendant's sentence is to run | ||
cumulatively or concurrently with another sentence or sentences; | ||
20. The terms of any plea bargain; | ||
21. Affirmative findings entered pursuant to | ||
Subdivision (2) of Subsection (a) of Section 3g of Article 42.12 of | ||
this code; | ||
22. The terms of any fee payment ordered under Article | ||
42.151 of this code; | ||
23. The defendant's thumbprint taken in accordance | ||
with Article 38.33 of this code; | ||
24. In the event that the judge orders the defendant to | ||
repay a reward or part of a reward under Articles 37.073 and 42.152 | ||
of this code, a statement of the amount of the payment or payments | ||
required to be made; | ||
25. In the event that the court orders restitution to | ||
be paid to the victim, a statement of the amount of restitution | ||
ordered and: | ||
(A) the name and address of a person or agency | ||
that will accept and forward restitution payments to the victim; or | ||
(B) if the court specifically elects to have | ||
payments made directly to the crime victim, the name and permanent | ||
address of the victim at the time of judgment; | ||
26. In the event that a presentence investigation is | ||
required by Section 9(a), (b), (h), or (i), Article 42.12 of this | ||
code, a statement that the presentence investigation was done | ||
according to the applicable provision; | ||
27. In the event of conviction of an offense for which | ||
registration as a sex offender is required under Chapter 62, a | ||
statement that the registration requirement of that chapter applies | ||
to the defendant and a statement of the age of the victim of the | ||
offense; | ||
28. The defendant's state identification number | ||
required by Article [ |
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assigned at the time of the judgment; and | ||
29. The incident number required by Article [ |
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60.052(a)(4), if that number has been assigned at the time of the | ||
judgment. | ||
SECTION 19. Sections 1 and 3, Article 42.09, Code of | ||
Criminal Procedure, are amended to read as follows: | ||
Sec. 1. Except as provided in Sections 2 and 3, a defendant | ||
shall be delivered to a jail or to the Texas Department of Criminal | ||
Justice when his sentence is pronounced[ |
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run on the day it is pronounced, but with all credits, if any, | ||
allowed by Article 42.03. | ||
Sec. 3. If a defendant is convicted of a felony and | ||
sentenced to [ |
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the Texas Department of Criminal Justice and he gives notice of | ||
appeal, he shall be transferred to the department on a commitment | ||
pending a mandate from the court of appeals or the Court of Criminal | ||
Appeals. | ||
SECTION 20. Article 64.05, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 64.05. APPEALS. An appeal under this chapter is to a | ||
court of appeals in the same manner as an appeal of any other | ||
criminal matter[ |
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SECTION 21. The following provisions of the Code of | ||
Criminal Procedure are repealed: | ||
(1) Article 1.13(b); | ||
(2) Article 11.071; | ||
(3) Articles 26.052(a) through (e) and (i) through | ||
(m); | ||
(4) Articles 34.04, 35.13, 35.15(a), 36.29(b), | ||
37.071, and 37.072; | ||
(5) Article 42.04; | ||
(6) Articles 43.14 through 43.25; and | ||
(7) Articles 44.251 and 44.29(c). | ||
SECTION 22. The change in law made by this Act applies only | ||
to the punishment for an offense under Section 19.03, Penal Code, if | ||
the indictment in the case is filed on or after the effective date | ||
of this Act. If the indictment in the case is filed before the | ||
effective date of this Act, the punishment in the case is governed | ||
by the law in effect when the offense was committed, and the former | ||
law is continued in effect for that purpose. | ||
SECTION 23. This Act takes effect September 1, 2011. |