HBA-AMW C.S.H.B. 2048 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2048
By: Burnam
Criminal Jurisprudence
4/23/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Since January 1991, the State of Texas has executed seven persons who were
under the age of 18 at the time they committed a capital offense.  Of all
of the inmates across the nation currently on death row serving sentences
for a juvenile crime, approximately one-third of these inmates are in
Texas.  Many states have established a minimum age of 18 for the death
penalty.   Although the majority of Texas laws designate 18 as the age of
adulthood, the minimum age for a person to be sentenced to death in Texas
is 17.  Concerns have been raised regarding the maturity of juveniles and
their ability to foresee and comprehend the consequences of their actions.
C.S.H.B. 2048 prohibits the application of the death penalty to a person
who was under the age of 18 when the person committed a capital offense. 

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. 2048 amends the Penal Code to prohibit a person, in any case, from
being punished by death for an offense committed while the person was
younger than 18, rather than 17, years.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2048 removes the provision in the original bill which specified
that an inmate serving a life sentence for a capital felony committed when
the inmate was younger than 18 years of age is not eligible for release on
parole until the actual calendar time the inmate has served, without
consideration of good conduct time, equals 25 calendar years.