By Farrar H.B. No. 1414
77R5665 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to prohibiting the introduction of argument in a criminal
1-3 case concerning the effect of subsequent legislative action on
1-4 punishment assessed by a jury.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 4(d), Article 37.07, Code of Criminal
1-7 Procedure, is amended to read as follows:
1-8 (d) This section does not permit the introduction of
1-9 evidence on the operation of parole and good conduct time laws.
1-10 Notwithstanding the jury charges under Subsections (a), (b), and
1-11 (c), the court may not permit argument in the case as to whether
1-12 subsequent actions of the legislature relating to parole and other
1-13 release issues might affect punishment recommended by the jury in
1-14 the case.
1-15 SECTION 2. Section 2, Article 37.071, Code of Criminal
1-16 Procedure, is amended by adding Subsection (j) to read as follows:
1-17 (j) Notwithstanding the jury charge under Subsection
1-18 (e)(2)(B), the court may not permit argument in the case as to
1-19 whether subsequent actions of the legislature relating to parole
1-20 and other release issues might affect punishment recommended by the
1-21 jury in the case.
1-22 SECTION 3. The change in law made by this Act applies only
1-23 to a criminal trial in which the sentencing phase begins on or
1-24 after the effective date of this Act. A trial in which the
2-1 sentencing phase begins before the effective date of this Act is
2-2 covered by the law in effect when the sentencing phase begins, and
2-3 the former law is continued in effect for that purpose.
2-4 SECTION 4. This Act takes effect September 1, 2001.