1-1 By: Lucio S.B. No. 39 1-2 (In the Senate - Filed November 9, 1998; January 26, 1999, 1-3 read first time and referred to Committee on Criminal Justice; 1-4 April 19, 1999, reported favorably, as amended, by the following 1-5 vote: Yeas 7, Nays 0; April 19, 1999, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Jackson 1-7 Amend S.B. No. 39 by striking SECTION 2, and renumbering 1-8 accordingly. 1-9 COMMITTEE AMENDMENT NO. 2 By: Shapiro 1-10 Amend S.B. No. 39 by deleting SECTION 3 and adding the following in 1-11 its place: 1-12 SECTION 3. (a) The change in law made by this Act applies 1-13 only to an offense committed on or after the effective date of this 1-14 Act. 1-15 (b) An offense committed before the effective date of this 1-16 Act is covered by the law in effect when the offense was committed, 1-17 and the former law is continued in effect for that purpose. 1-18 (c) This Act takes effect September 1, 1999. 1-19 A BILL TO BE ENTITLED 1-20 AN ACT 1-21 relating to jury instructions and charges in capital cases. 1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-23 SECTION 1. Subsection (e), Section 2, Article 37.071, Code 1-24 of Criminal Procedure, is amended to read as follows: 1-25 (e)(1) The court shall instruct the jury that if the jury 1-26 returns an affirmative finding to each issue submitted under 1-27 Subsection (b) of this article, it shall answer the following 1-28 issue: 1-29 Whether, taking into consideration all of the evidence, 1-30 including the circumstances of the offense, the defendant's 1-31 character and background, and the personal moral culpability of the 1-32 defendant, there is a sufficient mitigating circumstance or 1-33 circumstances to warrant that a sentence of life imprisonment 1-34 rather than a death sentence be imposed. 1-35 (2) The court, on the written request of the attorney 1-36 representing the defendant, shall: 1-37 (A) instruct the jury that if the jury answers 1-38 that a circumstance or circumstances warrant that a sentence of 1-39 life imprisonment rather than a death sentence be imposed, the 1-40 court will sentence the defendant to imprisonment in the 1-41 institutional division of the Texas Department of Criminal Justice 1-42 for life; and 1-43 (B) charge the jury in writing as follows: 1-44 "Under the law applicable in this case, if the 1-45 defendant is sentenced to imprisonment in the institutional 1-46 division of the Texas Department of Criminal Justice for life, the 1-47 defendant will become eligible for release on parole, but not until 1-48 the actual time served by the defendant equals 40 years, without 1-49 consideration of any good conduct time. It cannot accurately be 1-50 predicted how the parole laws might be applied to this defendant if 1-51 the defendant is sentenced to a term of imprisonment for life 1-52 because the application of those laws will depend on decisions made 1-53 by prison and parole authorities, but eligibility for parole does 1-54 not guarantee that parole will be granted." 1-55 SECTION 2. Subsection (e), Section 3, Article 37.0711, Code 1-56 of Criminal Procedure, is amended to read as follows: 1-57 (e)(1) The court shall instruct the jury that if the jury 1-58 returns an affirmative finding on each issue submitted under 1-59 Subsection (b) of this section, it shall answer the following 1-60 issue: 1-61 Whether, taking into consideration all of the evidence, 2-1 including the circumstances of the offense, the defendant's 2-2 character and background, and the personal moral culpability of the 2-3 defendant, there is a sufficient mitigating circumstance or 2-4 circumstances to warrant that a sentence of life imprisonment 2-5 rather than a death sentence be imposed. 2-6 (2) The court, on the written request of the attorney 2-7 representing the defendant, shall: 2-8 (A) instruct the jury that if the jury answers 2-9 that a circumstance or circumstances warrant that a sentence of 2-10 life imprisonment rather than a death sentence be imposed, the 2-11 court will sentence the defendant to imprisonment in the 2-12 institutional division of the Texas Department of Criminal Justice 2-13 for life; and 2-14 (B) charge the jury in writing as follows: 2-15 "Under the law applicable in this case, if the 2-16 defendant is sentenced to imprisonment in the institutional 2-17 division of the Texas Department of Criminal Justice for life, the 2-18 defendant will become eligible for release on parole, but not until 2-19 the actual time served by the defendant equals 40 years, without 2-20 consideration of any good conduct time. It cannot accurately be 2-21 predicted how the parole laws might be applied to this defendant if 2-22 the defendant is sentenced to a term of imprisonment for life 2-23 because the application of those laws will depend on decisions made 2-24 by prison and parole authorities, but eligibility for parole does 2-25 not guarantee that parole will be granted." 2-26 SECTION 3. (a) The change in law made by this Act applies 2-27 in a capital case only to a sentencing proceeding that begins on or 2-28 after the effective date of this Act. 2-29 (b) A sentencing proceeding that begins before the effective 2-30 date of this Act is covered by the law in effect when the 2-31 sentencing proceeding began, and the former law is continued in 2-32 effect for that purpose. 2-33 SECTION 4. The importance of this legislation and the 2-34 crowded condition of the calendars in both houses create an 2-35 emergency and an imperative public necessity that the 2-36 constitutional rule requiring bills to be read on three several 2-37 days in each house be suspended, and this rule is hereby suspended, 2-38 and that this Act take effect and be in force from and after its 2-39 passage, and it is so enacted. 2-40 * * * * *