By: Patterson, J. S.B. No. 1480
73R9557 NSC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for murder, aggravated sexual assault,
1-3 and offenses involving controlled substances and to the eligibility
1-4 for release on parole of prisoners serving sentences for those
1-5 offenses.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 19.02(b), Penal Code, is amended to read
1-8 as follows:
1-9 (b) An offense under this section is punishable:
1-10 (1) by imprisonment in the institutional division of
1-11 the Texas Department of Criminal Justice for life; or
1-12 (2) as a felony of the first degree.
1-13 SECTION 2. Section 22.021(e), Penal Code, is amended to read
1-14 as follows:
1-15 (e) An offense under this section is punishable:
1-16 (1) by imprisonment in the institutional division of
1-17 the Texas Department of Criminal Justice for life; or
1-18 (2) as a felony of the first degree.
1-19 SECTION 3. Subchapter D, Chapter 481, Health and Safety
1-20 Code, is amended by adding Section 481.1061 to read as follows:
1-21 Sec. 481.1061. LIFE IMPRISONMENT WITHOUT PAROLE.
1-22 Notwithstanding a provision of this subchapter that establishes
1-23 life imprisonment in the institutional division of the Texas
1-24 Department of Criminal Justice as the maximum term of imprisonment
2-1 for an offense, on conviction the offense is punishable:
2-2 (1) in the manner provided by the section of this code
2-3 otherwise providing punishment for the offense; or
2-4 (2) by imprisonment in the institutional division for
2-5 life without parole.
2-6 SECTION 4. Chapter 37, Code of Criminal Procedure, is
2-7 amended by adding Article 37.074 to read as follows:
2-8 Art. 37.074. PROCEDURE IN MURDER, AGGRAVATED SEXUAL ASSAULT,
2-9 OR DRUG CASE
2-10 Sec. 1. If a defendant is found guilty of an offense under
2-11 Section 19.02 or 22.021, Penal Code, or Chapter 481, Health and
2-12 Safety Code, punishable by confinement in the institutional
2-13 division of the Texas Department of Criminal Justice for life, the
2-14 judge shall sentence the defendant to any punishment permissible on
2-15 conviction of the offense or to life imprisonment without parole,
2-16 after making the determination otherwise made by the jury under
2-17 Section 2(b) of this article.
2-18 Sec. 2. (a) If a defendant is convicted of an offense under
2-19 Section 19.02 or 22.021, Penal Code, or Chapter 481, Health and
2-20 Safety Code, punishable by confinement in the institutional
2-21 division of the Texas Department of Criminal Justice for life, the
2-22 court shall conduct a separate sentencing proceeding to determine
2-23 whether the defendant shall be sentenced to punishment otherwise
2-24 permissible on conviction of the offense or to life imprisonment
2-25 without parole. The proceeding shall be conducted in the trial
2-26 court before the trial jury as soon as practicable. In the
2-27 proceeding, evidence may be presented by the state and the
3-1 defendant or the defendant's counsel as to any matter that the
3-2 court deems relevant to sentence, including evidence of the
3-3 defendant's background or character or the circumstances of the
3-4 offense that mitigates against the imposition of life imprisonment
3-5 without parole. This subsection shall not be construed to
3-6 authorize the introduction of any evidence secured in violation of
3-7 the Constitution of the United States or of the State of Texas.
3-8 The state and the defendant or the defendant's counsel shall be
3-9 permitted to present argument for or against sentence of life
3-10 imprisonment without parole. The court, the attorney representing
3-11 the state, the defendant, or the defendant's counsel may not inform
3-12 a juror or a prospective juror of the effect of a failure of a jury
3-13 to agree on issues submitted under Subsection (b) of this section.
3-14 (b) On conclusion of the presentation of the evidence, the
3-15 court shall submit the following issue to the jury:
3-16 Whether, taking into consideration all of the evidence,
3-17 including the circumstances of the offense, the defendant's
3-18 character and background, and the personal moral culpability of the
3-19 defendant, there is a sufficient mitigating circumstance or
3-20 circumstances to warrant that a sentence of life imprisonment
3-21 rather than life imprisonment without parole be imposed.
3-22 (c) The court shall charge the jury that in answering the
3-23 issue submitted under Subsection (b) of this section, the jury:
3-24 (1) shall answer the issue "yes" or "no";
3-25 (2) may not answer the issue "no" unless it agrees
3-26 unanimously and may not answer the issue "yes" unless 10 or more
3-27 jurors agree;
4-1 (3) need not agree on what particular evidence
4-2 supports an affirmative finding on the issue; and
4-3 (4) shall consider mitigating evidence to be evidence
4-4 that a juror might regard as reducing the defendant's moral
4-5 blameworthiness.
4-6 (d) If the jury returns a negative finding on the issue
4-7 submitted under Subsection (b) of this section, the court shall
4-8 sentence the defendant to imprisonment in the institutional
4-9 division of the Texas Department of Criminal Justice for life
4-10 without parole. If the jury returns an affirmative finding on the
4-11 issue submitted under Subsection (b) of this section, the court
4-12 shall order the jury to recommend any punishment otherwise
4-13 permissible on conviction of the offense, and the court shall
4-14 sentence the defendant to the punishment recommended by the jury.
4-15 SECTION 5. Sections 8(b)(2) and (b)(3), Article 42.18, Code
4-16 of Criminal Procedure, are amended to read as follows:
4-17 (2) A <If a> prisoner <is> serving a life sentence for
4-18 a capital felony or a sentence of life without parole for an
4-19 offense under Section 19.02 or 22.021, Penal Code, or Chapter 481,
4-20 Health and Safety Code, <the prisoner> is not eligible for <release
4-21 on> parole <until the actual calendar time the prisoner has served,
4-22 without consideration of good conduct time, equals 35 calendar
4-23 years>.
4-24 (3) If a prisoner is serving a sentence for the
4-25 offenses listed in Subdivision (1)(B), (C), or (D) of Section
4-26 3g(a), Article 42.12 of this code, or if the judgment contains an
4-27 affirmative finding under Subdivision (2) of Subsection (a) of
5-1 Section 3g of that article, he is not eligible for release on
5-2 parole until his actual calendar time served, without consideration
5-3 of good conduct time, equals one-fourth of the maximum sentence or
5-4 15 calendar years, whichever is less, but in no event shall he be
5-5 eligible for release on parole in less than two calendar years.
5-6 This subdivision does not apply to a defendant serving a sentence
5-7 of life without parole for an offense under Section 22.021, Penal
5-8 Code.
5-9 SECTION 6. The changes in law made by this Act apply only to
5-10 a defendant convicted of an offense committed on or after the
5-11 effective date of this Act. For the purposes of this section, an
5-12 offense is committed before the effective date of this Act if any
5-13 element of the offense occurs before the effective date. A
5-14 defendant convicted of an offense committed before the effective
5-15 date of this Act is covered by the law in effect when the offense
5-16 was committed, and the former law is continued in effect for this
5-17 purpose.
5-18 SECTION 7. This Act takes effect September 1, 1993.
5-19 SECTION 8. The importance of this legislation and the
5-20 crowded condition of the calendars in both houses create an
5-21 emergency and an imperative public necessity that the
5-22 constitutional rule requiring bills to be read on three several
5-23 days in each house be suspended, and this rule is hereby suspended.