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A BILL TO BE ENTITLED
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AN ACT
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relating to the extent of a defendant's criminal responsibility for |
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the conduct of a coconspirator in a capital murder case and the |
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review of certain convictions by the Board of Pardons and Paroles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2(b), Article 37.071, Code of Criminal |
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Procedure, is amended to read as follows: |
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(b) On conclusion of the presentation of the evidence, the |
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court shall submit the following issues to the jury: |
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(1) whether there is a probability that the defendant |
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would commit criminal acts of violence that would constitute a |
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continuing threat to society; and |
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(2) in cases in which the jury charge at the guilt or |
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innocence stage permitted the jury to find the defendant guilty as a |
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party under Sections 7.01 and 7.02, Penal Code, whether the |
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defendant actually caused the death of the deceased or did not |
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actually cause the death of the deceased but intended to kill the |
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deceased or another [or anticipated that a human life would be |
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taken]. |
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SECTION 2. Section 7.02(b), Penal Code, is amended to read |
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as follows: |
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(b) If, in the attempt to carry out a conspiracy to commit |
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one felony, another felony is committed by one of the conspirators, |
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all conspirators are guilty of the felony actually committed, |
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though having no intent to commit it, provided that [if] the offense |
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was committed in furtherance of the unlawful purpose and was one |
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that should have been anticipated as a result of the carrying out of |
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the conspiracy. This subsection does not apply to the prosecution |
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of the offense of capital murder. |
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SECTION 3. Subchapter A, Chapter 7, Penal Code, is amended |
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by adding Section 7.021 to read as follows: |
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Sec. 7.021. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER |
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CONSPIRATOR IN CAPITAL MURDER CASES. (a) If, in the attempt to |
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carry out a conspiracy to commit one felony, a capital murder is |
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committed by one of the conspirators, a conspirator is guilty of the |
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capital murder, though having no intent to commit it, provided |
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that: |
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(1) the conspirator is a major participant in the |
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conspiracy; |
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(2) in attempting to carry out the conspiracy, the |
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conspirator acts with reckless indifference to human life; and |
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(3) the capital murder was committed in furtherance of |
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the unlawful purpose of the conspiracy. |
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(b) For purposes of Subsection (a): |
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(1) a conspirator is a major participant if the |
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conspirator plans, organizes, directs, or otherwise substantially |
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participates in the specific conduct that results in the death of a |
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victim; and |
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(2) a conspirator acts with reckless indifference to |
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human life if the conspirator is aware of but consciously |
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disregards a substantial and unjustifiable risk that another |
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conspirator intends to commit an act that is clearly dangerous to |
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human life. |
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SECTION 4. Not later than April 1, 2022, the Board of |
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Pardons and Paroles shall review the criminal conviction of each |
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inmate who is serving a sentence of death and found guilty only as a |
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party under Section 7.02(b), Penal Code, to identify appropriate |
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inmates to recommend to the governor for purposes of granting |
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clemency. |
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SECTION 5. The change in law made by this Act applies only |
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to the prosecution of an offense committed on or after the effective |
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date of this Act. The prosecution of an offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 6. This Act takes effect on the 91st day after the |
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last day of the legislative session. |