HBA-MPA H.B. 150 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 150
By: Naishtat
Criminal Jurisprudence
2/2/1999
Introduced



BACKGROUND AND PURPOSE 

Juries in capital cases have only two sentencing options: imposition of the
death penalty or life imprisonment with the possibility of parole.  Under
current law, an inmate sentenced to life in prison is not eligible for
parole for 40 years.  Jurors are required to consider two questions before
handing down a death sentence: "Is the defendant a future danger to
society?" and "Are there mitigating circumstances which call for a life
sentence instead of death?"  The U.S. Supreme Court has suggested that
jurors cannot accurately answer these questions and come to a fair decision
without knowing the parole laws. 

H.B. 150 requires the judge in a capital case, at the request of the
attorney representing the defendant, to inform the jury that under a
sentence of life, an inmate is not eligible for parole for 40 years. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2(e), Article 37.071, Code of Criminal
Procedure, to require the court, upon written request of the attorney
representing the defendant in a capital case, to instruct the jury that if
the jury answers that circumstances of the case warrant a sentence of life
imprisonment rather than the death penalty the court will impose such a
sentence.  Requires that the court charge the jury in writing that a
defendant sentenced to life imprisonment becomes eligible for parole after
serving 40 years, without consideration of any good conduct time, and that
it cannot accurately be predicted how the parole laws might be applied to
the defendant because  the law's application depends on decisions of prison
and parole authorities but that eligibility for parole does not guarantee
it will be granted.  Creates Subdivision (1) from existing text and adds
Subdivision (2). 

SECTION 2.  Amends Section 3(e), Article 37.0711, Code of Criminal
Procedure, to make conforming changes. 

SECTION 3.  Makes application of this Act prospective and provides that a
sentencing proceeding that begins before this Act goes into effect is
covered by the law in effect when the sentencing proceeding began. 

SECTION 4.  Emergency clause.
            Effective date:  upon passage.