HBA - JLV, EDN H.B. 365 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 365 By: Hinojosa Criminal Jurisprudence 2/16/2001 Introduced 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. House Bill 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 House Bill 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. 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.