HBA - JLV, EDN C.S.H.B. 365 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 365
By: Hinojosa
Criminal Jurisprudence
3/25/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

In Texas, a jury does not have the option of sentencing an individual
convicted of a capital offense to life without parole.  Under current law,
a jury in a capital offense trial can either sentence a person to death or
give the person a life sentence for which the person may be paroled in 40
years.  However, there are growing concerns that sentencing a defendant may
be problematic for juries who do not believe the defendant should be
executed, but also do not believe the defendant should have the possibility
of parole. C.S.H.B. 365 enables a jury to sentence a defendant to the death
penalty, a life sentence, or a life sentence without parole. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 365 amends the Penal Code to add life imprisonment without parole
as a sentencing option in a capital felony case.   

The bill amends the Code of Criminal Procedure to modify the procedures for
instructing the jury in a capital felony case.  The bill modifies the
procedures for instructing the jury in a capital felony case to include
instructions regarding the sentence of life imprisonment without parole.
The bill provides criteria under which a defendant is required to be
sentenced to life without parole.  

C.S.H.B. 365 also amends the Government Code to specify that a defendant
sentenced to life may be paroled, when eligible, only with a two-thirds
vote of the members of the Board of Pardons and Paroles. The bill specifies
that an inmate under sentence of death or serving a sentence of life
imprisonment without parole is not eligible for release on parole. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 365 modifies the original by requiring a judge to instruct the
jury as follows:  that the judge is required to sentence the defendant to
death if the jury finds an affirmative finding on the first two issues
listed below and a negative finding on the last issue listed below; that
the judge is required to sentence the defendant to life imprisonment
without parole if the jury returns an affirmative finding on the first two
issues and either returns an affirmative finding or is unable to answer the
last issue; that the judge is required to sentence the defendant to life
imprisonment if the jury returns a negative finding on or is unable to
answer either of the first two issues.  The substitute provides the
following issues: 

 _whether there is a probability that the defendant would commit criminal
acts of violence that would constitute a continuing threat to society; 

_in cases in which the jury was permitted to find the defendant criminally
responsible for the conduct of another, whether the defendant actually
caused the death of the  deceased or did not actually cause the death of
the deceased but intended to kill the deceased or another or anticipated
that a human life would be taken; and  

_whether there is a sufficient mitigating circumstance or circumstances,
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, to warrant that a sentence of life
imprisonment or life imprisonment without parole rather than a death
sentence be imposed.