SRC-ARR S.B. 39 76(R)BILL ANALYSIS


Senate Research CenterS.B. 39
76R202 GWK-DBy: Lucio
Criminal Justice
4/15/1999
Committee Report (Amended)


DIGEST 

Currently, Texas law does not require a court to instruct the jury of
certain requirements of the defendant's life sentence. Juries are led to
believe that sentencing a defendant to life means that the defendant will
remain in prison for the rest of his or her natural life. In reality, these
defendants are eligible for a parole hearing in 40 years. S.B. 39 requires
the court to instruct the jury of certain requirements of the defendant's
life sentence. 

PURPOSE

As proposed, S.B. 39 sets forth jury instructions and charges in capital
cases. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2(e), Article 37.071, Code of Criminal Procedure,
to require  the court to instruct a jury when the circumstances which
warrant a life sentence, rather than a death sentence may be imposed, that
the defendant will become eligible for release on parole when the actual
time served by the defendant equals 40 years, without consideration of any
good conduct time.  Makes conforming changes.  

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

SECTION 3. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 2.

Deletes proposed changes to Section 3(e), Article 37.071, Code of Criminal
Procedure. 

 Adds prospective clause and effective date of September 1, 1999.

SECTION 3. 

 Redesignates from existing SECTION 4. Deletes effective date.