By Turner of Harris H.B. No. 1860
77R6331 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the applicability of the death penalty to a capital
1-3 offense committed by a person younger than 18 years of age at the
1-4 time of the commission of the offense.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 37.071, Code of Criminal Procedure, is
1-7 amended by adding Section 1A to read as follows:
1-8 Sec. 1A. On notice from the attorney representing the state
1-9 that the state intends to seek the death penalty in the trial of a
1-10 defendant who was younger than 18 years of age at the time of the
1-11 commission of the offense, the court shall hold a hearing to
1-12 determine whether the defendant was at the time of the commission
1-13 of the offense sufficiently mature to understand the consequences
1-14 of the defendant's actions. The court shall appoint disinterested
1-15 experts experienced and qualified in determining mental and
1-16 emotional maturity to examine the defendant and determine whether
1-17 the defendant was at the time of committing the offense
1-18 sufficiently mature to understand the consequences of the
1-19 defendant's actions. The court shall order the defendant to submit
1-20 to an examination by experts appointed under this article.
1-21 SECTION 2. Section 2(a), Article 37.071, Code of Criminal
1-22 Procedure, is amended to read as follows:
1-23 (a) If a defendant is tried for a capital offense in which
1-24 the state seeks the death penalty, on a finding that the defendant
2-1 is guilty of a capital offense, the court shall conduct a separate
2-2 sentencing proceeding to determine whether the defendant shall be
2-3 sentenced to death or life imprisonment. The proceeding shall be
2-4 conducted in the trial court and, except as provided by Article
2-5 44.29(c) [of this code], before the trial jury as soon as
2-6 practicable. In the proceeding, evidence may be presented by the
2-7 state and the defendant or the defendant's counsel as to any matter
2-8 that the court deems relevant to sentence, including evidence of
2-9 the defendant's background or character or the circumstances of the
2-10 offense that mitigates against the imposition of the death penalty
2-11 and including evidence as to whether the defendant was at the time
2-12 of committing the offense sufficiently mature to understand the
2-13 consequences of the defendant's actions. This subsection shall not
2-14 be construed to authorize the introduction of any evidence secured
2-15 in violation of the Constitution of the United States or of the
2-16 State of Texas. The state and the defendant or the defendant's
2-17 counsel shall be permitted to present argument for or against
2-18 sentence of death. The court, the attorney representing the state,
2-19 the defendant, or the defendant's counsel may not inform a juror or
2-20 a prospective juror of the effect of a failure of a jury to agree
2-21 on issues submitted under Subsection (b) [(c)] or (e) [of this
2-22 article].
2-23 SECTION 3. Section 2(e), Article 37.071, Code of Criminal
2-24 Procedure, is amended to read as follows:
2-25 (e)(1) The court shall instruct the jury that if the jury
2-26 returns an affirmative finding to each issue submitted under
2-27 Subsection (b) [of this article], it shall answer the following
3-1 issue:
3-2 Whether, taking into consideration all of the evidence,
3-3 including the circumstances of the offense, the defendant's
3-4 character and background, and the personal moral culpability of the
3-5 defendant, there is a sufficient mitigating circumstance or
3-6 circumstances to warrant that a sentence of life imprisonment
3-7 rather than a death sentence be imposed.
3-8 (2) If raised by evidence existing in reports of
3-9 disinterested experts prepared under Section 1A, the court, on the
3-10 written request of the attorney representing the defendant, shall
3-11 instruct the jury that if the jury returns an affirmative finding
3-12 to each issue submitted under Subsection (b), the jury shall answer
3-13 the following issue:
3-14 Whether the defendant at the time of committing the offense,
3-15 was not sufficiently mature to understand the consequences of the
3-16 defendant's actions.
3-17 (3) The court, on the written request of the attorney
3-18 representing the defendant, shall:
3-19 (A) instruct the jury that if the jury answers
3-20 that a circumstance or circumstances warrant that a sentence of
3-21 life imprisonment rather than a death sentence be imposed or
3-22 answers that the defendant at the time of committing the offense,
3-23 was not sufficiently mature to understand the consequences of the
3-24 defendant's actions, the court will sentence the defendant to
3-25 imprisonment in the institutional division of the Texas Department
3-26 of Criminal Justice for life; and
3-27 (B) charge the jury in writing as follows:
4-1 "Under the law applicable in this case, if the defendant is
4-2 sentenced to imprisonment in the institutional division of the
4-3 Texas Department of Criminal Justice for life, the defendant will
4-4 become eligible for release on parole, but not until the actual
4-5 time served by the defendant equals 40 years, without consideration
4-6 of any good conduct time. It cannot accurately be predicted how
4-7 the parole laws might be applied to this defendant if the defendant
4-8 is sentenced to a term of imprisonment for life because the
4-9 application of those laws will depend on decisions made by prison
4-10 and parole authorities, but eligibility for parole does not
4-11 guarantee that parole will be granted."
4-12 SECTION 4. Section 2(f), Article 37.071, Code of Criminal
4-13 Procedure, is amended to read as follows:
4-14 (f) The court shall charge the jury that in answering an
4-15 [the] issue submitted under Subsection (e) [of this article], the
4-16 jury:
4-17 (1) shall answer the issue "yes" or "no";
4-18 (2) may not answer the issue "no" unless it agrees
4-19 unanimously and may not answer the issue "yes" unless 10 or more
4-20 jurors agree;
4-21 (3) need not agree on what particular evidence
4-22 supports an affirmative finding on the issue; and
4-23 (4) in respect to the issue submitted under Subsection
4-24 (e)(2), shall consider mitigating evidence to be evidence that a
4-25 juror might regard as reducing the defendant's moral
4-26 blameworthiness.
4-27 SECTION 5. Section 2(g), Article 37.071, Code of Criminal
5-1 Procedure, is amended to read as follows:
5-2 (g) If the jury returns an affirmative finding on each issue
5-3 submitted under Subsection (b) [of this article] and a negative
5-4 finding on each [an] issue submitted under Subsection (e) [of this
5-5 article], the court shall sentence the defendant to death. If the
5-6 jury returns a negative finding on any issue submitted under
5-7 Subsection (b) [of this article] or an affirmative finding on any
5-8 [an] issue submitted under Subsection (e) [of this article] or is
5-9 unable to answer any issue submitted under Subsection (b) or (e)
5-10 [of this article], the court shall sentence the defendant to
5-11 confinement in the institutional division of the Texas Department
5-12 of Criminal Justice for life.
5-13 SECTION 6. The change in law made by this Act applies only to
5-14 a capital case that commences on or after the effective date of
5-15 this Act. A capital case that commences before the effective date
5-16 of this Act is covered by the law in effect when the case
5-17 commenced, and the former law is continued in effect for that
5-18 purpose.
5-19 SECTION 7. This Act takes effect September 1, 2001.