Amend CSHB 236 in SECTION 1 of the bill, in added Article
46B.05(a), Code of Criminal Procedure (page 1, lines 43-45, Senate
Committee Printing), by striking "as if a jury in the case had
returned an affirmative finding on the issue of mitigation under
Article 37.071" and substituting "as if the defendant had been
convicted in a case in which the state did not seek the death
penalty".