| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the extent of a defendant's criminal responsibility for |
|
|
the conduct of a coconspirator in a capital murder case and the |
|
|
review of certain convictions by the Board of Pardons and Paroles. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 2(b), Article 37.071, Code of Criminal |
|
|
Procedure, is amended to read as follows: |
|
|
(b) On conclusion of the presentation of the evidence, the |
|
|
court shall submit the following issues to the jury: |
|
|
(1) whether there is a probability that the defendant |
|
|
would commit criminal acts of violence that would constitute a |
|
|
continuing threat to society; and |
|
|
(2) in cases in which the jury charge at the guilt or |
|
|
innocence stage permitted the jury to find the defendant guilty as a |
|
|
party under Sections 7.01 and 7.02, Penal Code, whether the |
|
|
defendant actually caused the death of the deceased or did not |
|
|
actually cause the death of the deceased but intended to kill the |
|
|
deceased or another [or anticipated that a human life would be |
|
|
taken]. |
|
|
SECTION 2. Section 7.02(b), Penal Code, is amended to read |
|
|
as follows: |
|
|
(b) If, in the attempt to carry out a conspiracy to commit |
|
|
one felony, another felony is committed by one of the conspirators, |
|
|
all conspirators are guilty of the felony actually committed, |
|
|
though having no intent to commit it, provided that [if] the offense |
|
|
was committed in furtherance of the unlawful purpose and was one |
|
|
that should have been anticipated as a result of the carrying out of |
|
|
the conspiracy. This subsection does not apply to the prosecution |
|
|
of the offense of capital murder. |
|
|
SECTION 3. Subchapter A, Chapter 7, Penal Code, is amended |
|
|
by adding Section 7.021 to read as follows: |
|
|
Sec. 7.021. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER |
|
|
CONSPIRATOR IN CAPITAL MURDER CASES. (a) If, in the attempt to |
|
|
carry out a conspiracy to commit one felony, a capital murder is |
|
|
committed by one of the conspirators, a conspirator is guilty of the |
|
|
capital murder, though having no intent to commit it, provided |
|
|
that: |
|
|
(1) the conspirator is a major participant in the |
|
|
conspiracy; |
|
|
(2) in attempting to carry out the conspiracy, the |
|
|
conspirator acts with reckless indifference to human life; and |
|
|
(3) the capital murder was committed in furtherance of |
|
|
the unlawful purpose of the conspiracy. |
|
|
(b) For purposes of Subsection (a): |
|
|
(1) a conspirator is a major participant if the |
|
|
conspirator plans, organizes, directs, or otherwise substantially |
|
|
participates in the specific conduct that results in the death of a |
|
|
victim; and |
|
|
(2) a conspirator acts with reckless indifference to |
|
|
human life if the conspirator is aware of but consciously |
|
|
disregards a substantial and unjustifiable risk that another |
|
|
conspirator intends to commit an act that is clearly dangerous to |
|
|
human life. |
|
|
SECTION 4. Not later than January 1, 2022, the Board of |
|
|
Pardons and Paroles shall review the criminal conviction of each |
|
|
inmate who is serving a sentence of death and found guilty only as a |
|
|
party under Section 7.02(b), Penal Code, to identify appropriate |
|
|
inmates to recommend to the governor for purposes of granting |
|
|
clemency. |
|
|
SECTION 5. The change in law made by this Act applies only |
|
|
to the prosecution of an offense committed on or after the effective |
|
|
date of this Act. The prosecution of an offense committed before the |
|
|
effective date of this Act is governed by the law in effect on the |
|
|
date the offense was committed, and the former law is continued in |
|
|
effect for that purpose. For purposes of this section, an offense |
|
|
was committed before the effective date of this Act if any element |
|
|
of the offense occurred before that date. |
|
|
SECTION 6. This Act takes effect September 1, 2021. |