Amend CSSB 85 by striking all below the enacting clause and
substituting the following:
SECTION 4. Section 12.31, Penal Code, is amended to read as
follows:
Sec. 12.31. CAPITAL FELONY. (a) An individual adjudged
guilty of a capital felony in a case in which the state seeks the
death penalty shall be punished by imprisonment in the
institutional division for life without parole or by death. An
individual adjudged guilty of a capital felony in a case in which
the state does not seek the death penalty shall be punished by
imprisonment in the institutional division for life without parole.
(b) In a capital felony trial in which the state seeks the
death penalty, prospective jurors shall be informed that a sentence
of life imprisonment without parole or death is mandatory on
conviction of a capital felony. In a capital felony trial in which
the state does not seek the death penalty, prospective jurors shall
be informed that the state is not seeking the death penalty and
that a sentence of life imprisonment without parole is mandatory on
conviction of the capital felony.
SECTION 5. Section 508.046, Government Code, is amended to
read as follows:
Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. To release on
parole an inmate who was convicted of <a capital felony or> an
offense under Section 21.11(a)(1) or 22.021, Penal Code, or who is
required under Section 508.145(c) to serve 35 calendar years before
becoming eligible for release on parole, all members of the board
must vote on the release on parole of the inmate, and at least
two-thirds of the members must vote in favor of the release on
parole. A member of the board may not vote on the release unless
the member first receives a copy of a written report from the
department on the probability that the inmate would commit an
offense after being released on parole.
SECTION 6. Section 508.145(a), Government Code, is amended
to read as follows:
(a) An inmate under sentence of death or serving a sentence
of life imprisonment without parole is not eligible for release on
parole.
SECTION 7. Section 1, Article 37.071, Code of Criminal
Procedure, is amended to read as follows:
Sec. 1. If a defendant is found guilty in a capital felony
case in which the state does not seek the death penalty, the judge
shall sentence the defendant to life imprisonment without parole.
SECTION 8. Section 2(e), Article 37.071, Code of Criminal
Procedure, is amended to read as follows:
(e)(1) The court shall instruct the jury that if the jury
returns an affirmative finding to each issue submitted under
Subsection (b) <of this article>, it shall answer the following
issue:
Whether, taking into consideration all of the evidence,
including the circumstances of the offense, the defendant's
character and background, and the personal moral culpability of the
defendant, there is a sufficient mitigating circumstance or
circumstances to warrant that a sentence of life imprisonment
without parole rather than a death sentence be imposed.
(2) The court shall instruct the jury that if the jury
returns a negative finding on an issue submitted under Subsection
(b), is unable to answer an issue submitted under Subsection (b),
or returns an affirmative finding on the issue submitted under
Subdivision (1), the court will sentence the defendant to life
imprisonment without parole. The court shall further charge the
jury that a defendant sentenced to life imprisonment without parole
under this article is ineligible for release from the department on
parole or mandatory supervision. <The court, on the written
request of the attorney representing the defendant, shall:>
<(A) instruct the jury that if the jury answers
that a circumstance or circumstances warrant that a sentence of
life imprisonment rather than a death sentence be imposed, the
court will sentence the defendant to imprisonment in the
institutional division of the Texas Department of Criminal Justice
for life; and>
<(B) charge the jury in writing as follows:>
<"Under the law applicable in this case, if the defendant is
sentenced to imprisonment in the institutional division of the
Texas Department of Criminal Justice for life, the defendant will
become eligible for release on parole, but not until the actual
time served by the defendant equals 40 years, without consideration
of any good conduct time. It cannot accurately be predicted how
the parole laws might be applied to this defendant if the defendant
is sentenced to a term of imprisonment for life because the
application of those laws will depend on decisions made by prison
and parole authorities, but eligibility for parole does not
guarantee that parole will be granted.">
SECTION 9. Section 2(g), Article 37.071, Code of Criminal
Procedure, is amended to read as follows:
(g) If the jury returns an affirmative finding on each issue
submitted under Subsection (b) <of this article> and a negative
finding on an issue submitted under Subsection (e)(1) <of this
article>, the court shall sentence the defendant to death. If the
jury returns a negative finding on any issue submitted under
Subsection (b) <of this article> or an affirmative finding on an
issue submitted under Subsection (e)(1) <of this article> or is
unable to answer any issue submitted under Subsection (b) or (e)
<of this article>, the court shall sentence the defendant to
imprisonment <confinement> in the institutional division of the
Texas Department of Criminal Justice for life without parole.
SECTION 10. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before the effective date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 11. This Act takes effect September 1, 2001.