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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the death penalty for a defendant whose |
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conviction is based solely on certain evidence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1, Article 37.071, Code of Criminal |
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Procedure, is amended by adding Subsection (a-1) to read as |
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follows: |
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(a-1) A defendant who is found guilty in a capital felony |
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case may not be sentenced to death, and the state may not seek the |
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death penalty, if the finding of guilt is based solely on the |
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testimony of a single eyewitness without any corroborating |
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evidence. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2023. |