SRC-BWC S.B. 85 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 85
77R693 GWK-FBy: Lucio
Criminal Justice
2/23/2001
As Filed


DIGEST AND PURPOSE 

Currently, Texas law allows juries in capital felony cases the option of
deciding between the death penalty and a sentence of life which would allow
a felon to be eligible for  parole in no less than forty years.  In
situation where the death penalty is not sought, the defendant is
automatically sentenced to a life sentence, with the possibility of parole,
upon determination of guilt.  As proposed, S.B. 85 adds life without parole
to the available sentencing options for capital felons in cases where the
death penalty is sought by the prosecution.  This provides an alternative
option for juries when deciding on a capital felony case. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 12.31, Penal Code, by requiring an individual
adjudged guilty of a capital felony in a case in which the state seeks the
death penalty to be punished by imprisonment in the institutional division
for life, for life without parole, or by death.  Makes conforming changes. 

SECTION 2.  Makes a conforming change.

SECTION 3.  Makes a conforming change.

SECTION 4.  Amends Section 1, Article 37.071, Code of Criminal Procedure,
by requiring the judge to charge and instruct the jury as provided by
Section 2(e), rather than sentence the defendant to life imprisonment, if
the defendant is found guilty in a capital felony case in which the state
does not seek the death penalty. 

SECTION 5.  Amends Section 2(e), Article 37.071, Code of Criminal
Procedure, by requiring the court to instruct the jury that if it returns a
negative finding or is unable to answer an issue under Subsection (b), or
returns an affirmative finding on the issue submitted under Subdivision
(1), the jury, taking into account all the evidence described by
Subdivision (1), is required to also answer the issue as to whether the
defendant should be sentenced to life imprisonment rather than life
imprisonment without parole.  Requires the court to further charge the jury
that a defendant sentenced to confinement for life or for life without
parole under this article is ineligible for release from the Department of
Criminal Justice (TDCJ) on parole or mandatory supervision, and that a
defendant sentenced to confinement for life is ineligible for release on
parole until the defendant's actual calendar time served, without
consideration of good conduct time, equals 40 years.  Deletes text
regarding the sentencing of defendants and the application of  parole.
Makes a conforming change.   

SECTION 6.  Amends Section 2(g), Article 37.071, Code of Criminal
Procedure, by requiring the court to sentence the defendant to life
imprisonment without parole if the jury returns a negative finding under
Subsection (e)(2).  Makes conforming changes. 

SECTION 7.  Makes application of this Act prospective.
 
SECTION 8.  Effective date:  September 1, 2001.