By Lucio S.B. No. 39
76R202 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to jury instructions and charges in capital cases.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2(e), Article 37.071, Code of Criminal
1-5 Procedure, is amended to read as follows:
1-6 (e)(1) The court shall instruct the jury that if the jury
1-7 returns an affirmative finding to each issue submitted under
1-8 Subsection (b) of this article, it shall answer the following
1-9 issue:
1-10 Whether, taking into consideration all of the evidence,
1-11 including the circumstances of the offense, the defendant's
1-12 character and background, and the personal moral culpability of the
1-13 defendant, there is a sufficient mitigating circumstance or
1-14 circumstances to warrant that a sentence of life imprisonment
1-15 rather than a death sentence be imposed.
1-16 (2) The court, on the written request of the attorney
1-17 representing the defendant, shall:
1-18 (A) instruct the jury that if the jury answers
1-19 that a circumstance or circumstances warrant that a sentence of
1-20 life imprisonment rather than a death sentence be imposed, the
1-21 court will sentence the defendant to imprisonment in the
1-22 institutional division of the Texas Department of Criminal Justice
1-23 for life; and
1-24 (B) charge the jury in writing as follows:
2-1 "Under the law applicable in this case, if the
2-2 defendant is sentenced to imprisonment in the institutional
2-3 division of the Texas Department of Criminal Justice for life, the
2-4 defendant will become eligible for release on parole, but not until
2-5 the actual time served by the defendant equals 40 years, without
2-6 consideration of any good conduct time. It cannot accurately be
2-7 predicted how the parole laws might be applied to this defendant if
2-8 the defendant is sentenced to a term of imprisonment for life
2-9 because the application of those laws will depend on decisions made
2-10 by prison and parole authorities, but eligibility for parole does
2-11 not guarantee that parole will be granted."
2-12 SECTION 2. Section 3(e), Article 37.0711, Code of Criminal
2-13 Procedure, is amended to read as follows:
2-14 (e)(1) The court shall instruct the jury that if the jury
2-15 returns an affirmative finding on each issue submitted under
2-16 Subsection (b) of this section, it shall answer the following
2-17 issue:
2-18 Whether, taking into consideration all of the evidence,
2-19 including the circumstances of the offense, the defendant's
2-20 character and background, and the personal moral culpability of the
2-21 defendant, there is a sufficient mitigating circumstance or
2-22 circumstances to warrant that a sentence of life imprisonment
2-23 rather than a death sentence be imposed.
2-24 (2) The court, on the written request of the attorney
2-25 representing the defendant, shall:
2-26 (A) instruct the jury that if the jury answers
2-27 that a circumstance or circumstances warrant that a sentence of
3-1 life imprisonment rather than a death sentence be imposed, the
3-2 court will sentence the defendant to imprisonment in the
3-3 institutional division of the Texas Department of Criminal Justice
3-4 for life; and
3-5 (B) charge the jury in writing as follows:
3-6 "Under the law applicable in this case, if the
3-7 defendant is sentenced to imprisonment in the institutional
3-8 division of the Texas Department of Criminal Justice for life, the
3-9 defendant will become eligible for release on parole, but not until
3-10 the actual time served by the defendant equals 40 years, without
3-11 consideration of any good conduct time. It cannot accurately be
3-12 predicted how the parole laws might be applied to this defendant if
3-13 the defendant is sentenced to a term of imprisonment for life
3-14 because the application of those laws will depend on decisions made
3-15 by prison and parole authorities, but eligibility for parole does
3-16 not guarantee that parole will be granted."
3-17 SECTION 3. (a) The change in law made by this Act applies
3-18 in a capital case only to a sentencing proceeding that begins on or
3-19 after the effective date of this Act.
3-20 (b) A sentencing proceeding that begins before the effective
3-21 date of this Act is covered by the law in effect when the
3-22 sentencing proceeding began, and the former law is continued in
3-23 effect for that purpose.
3-24 SECTION 4. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended,
4-2 and that this Act take effect and be in force from and after its
4-3 passage, and it is so enacted.