By Farrar H.B. No. 1416 77R5667 GWK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to certain issues submitted to the jury in a death penalty 1-3 proceeding. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 2(b), Article 37.071, Code of Criminal 1-6 Procedure, is amended to read as follows: 1-7 (b) On conclusion of the presentation of the evidence, the 1-8 court shall submit the following issues to the jury: 1-9 (1) whether there is a probability that the defendant 1-10 would commit criminal acts of violence that would constitute a 1-11 continuing threat to society, considering that, because the 1-12 defendant has been convicted and will serve a minimum of 40 years 1-13 in the institutional division of the Texas Department of Criminal 1-14 Justice, the defendant will be segregated from a society that 1-15 consists of the general public; and 1-16 (2) in cases in which the jury charge at the guilt or 1-17 innocence stage permitted the jury to find the defendant guilty as 1-18 a party under Sections 7.01 and 7.02, Penal Code, whether the 1-19 defendant actually caused the death of the deceased or did not 1-20 actually cause the death of the deceased but intended to kill the 1-21 deceased or another or anticipated that a human life would be 1-22 taken. 1-23 SECTION 2. This Act takes effect September 1, 2001, and 1-24 applies only to the trial of a capital case that commences on or 2-1 after that date. The trial of a capital case that commences before 2-2 September 1, 2001, is covered by the law in effect when the trial 2-3 commenced, and the former law is continued in effect for this 2-4 purpose.