HBA-RBT S.B. 39 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 39
By: Lucio
Criminal Jurisprudence
5/5/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, Texas law prohibits a court from instructing the jury on the
length of a defendant's incarceration if a life sentence is imposed in a
capital murder case.  S.B. 39 requires the court, on written request from
the defendant's attorney, to instruct the jury in a capital murder case
that the defendant will be eligible for parole after serving 40 years of a
life sentence. 

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, if requested in writing by the attorney
representing the defendant, to instruct the jury that if the jury finds
that the circumstances warrant a sentence of life imprisonment rather than
a death sentence, the court will sentence the defendant to imprisonment in
the institutional division of the Texas Department of Criminal Justice for
life.  Requires the judge to charge the jury accordingly. Sets forth the
charge.  

SECTION 2. Makes application of this Act prospective.
                      Effective date: September 1, 1999.

SECTION 3. Emergency clause.
           Effective date: upon passage.