By Lucio S.B. No. 85
77R693 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for a capital offense.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 12.31, Penal Code, is amended to read as
1-5 follows:
1-6 Sec. 12.31. CAPITAL FELONY. (a) An individual adjudged
1-7 guilty of a capital felony in a case in which the state seeks the
1-8 death penalty shall be punished by imprisonment in the
1-9 institutional division for life, for life without parole, or by
1-10 death. An individual adjudged guilty of a capital felony in a case
1-11 in which the state does not seek the death penalty shall be
1-12 punished by imprisonment in the institutional division for life or
1-13 for life without parole.
1-14 (b) In a capital felony trial in which the state seeks the
1-15 death penalty, prospective jurors shall be informed that a sentence
1-16 of life imprisonment, life imprisonment without parole, or death is
1-17 mandatory on conviction of a capital felony. In a capital felony
1-18 trial in which the state does not seek the death penalty,
1-19 prospective jurors shall be informed that the state is not seeking
1-20 the death penalty and that a sentence of life imprisonment or life
1-21 imprisonment without parole is mandatory on conviction of the
1-22 capital felony.
1-23 SECTION 2. Section 508.046, Government Code, is amended to
1-24 read as follows:
2-1 Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. To release on
2-2 parole an inmate who was convicted of a capital felony punishable
2-3 by imprisonment for life or an offense under Section 21.11(a)(1) or
2-4 22.021, Penal Code, or who is required under Section 508.145(c) to
2-5 serve 35 calendar years before becoming eligible for release on
2-6 parole, all members of the board must vote on the release on parole
2-7 of the inmate, and at least two-thirds of the members must vote in
2-8 favor of the release on parole. A member of the board may not vote
2-9 on the release unless the member first receives a copy of a written
2-10 report from the department on the probability that the inmate would
2-11 commit an offense after being released on parole.
2-12 SECTION 3. Section 508.145(a), Government Code, is amended
2-13 to read as follows:
2-14 (a) An inmate under sentence of death or serving a sentence
2-15 of life imprisonment without parole is not eligible for release on
2-16 parole.
2-17 SECTION 4. Section 1, Article 37.071, Code of Criminal
2-18 Procedure, is amended to read as follows:
2-19 Sec. 1. If a defendant is found guilty in a capital felony
2-20 case in which the state does not seek the death penalty, the judge
2-21 shall charge and instruct the jury as provided by Section 2(e)
2-22 [sentence the defendant to life imprisonment].
2-23 SECTION 5. 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 or
3-7 life imprisonment without parole rather than a death sentence be
3-8 imposed.
3-9 (2) The court shall instruct the jury that if the jury
3-10 returns a negative finding on an issue submitted under Subsection
3-11 (b), is unable to answer an issue under Subsection (b), or returns
3-12 an affirmative finding on the issue submitted under Subdivision
3-13 (1), the jury, taking into account all the evidence described by
3-14 Subdivision (1), shall also answer the issue as to whether the
3-15 defendant should be sentenced to life imprisonment rather than life
3-16 imprisonment without parole. The court shall further charge the
3-17 jury that a defendant sentenced to confinement for life without
3-18 parole under this article is ineligible for release from the
3-19 department on parole or mandatory supervision and that a defendant
3-20 sentenced to confinement for life under this article is ineligible
3-21 for release from the department on mandatory supervision and is
3-22 ineligible for release on parole until the defendant's actual
3-23 calendar time served, without consideration of good conduct time,
3-24 equals 40 years. [The court, on the written request of the
3-25 attorney representing the defendant, shall:]
3-26 [(A) instruct the jury that if the jury answers
3-27 that a circumstance or circumstances warrant that a sentence of
4-1 life imprisonment rather than a death sentence be imposed, the
4-2 court will sentence the defendant to imprisonment in the
4-3 institutional division of the Texas Department of Criminal Justice
4-4 for life; and]
4-5 [(B) charge the jury in writing as follows:]
4-6 ["Under the law applicable in this case, if the defendant is
4-7 sentenced to imprisonment in the institutional division of the
4-8 Texas Department of Criminal Justice for life, the defendant will
4-9 become eligible for release on parole, but not until the actual
4-10 time served by the defendant equals 40 years, without consideration
4-11 of any good conduct time. It cannot accurately be predicted how
4-12 the parole laws might be applied to this defendant if the defendant
4-13 is sentenced to a term of imprisonment for life because the
4-14 application of those laws will depend on decisions made by prison
4-15 and parole authorities, but eligibility for parole does not
4-16 guarantee that parole will be granted."]
4-17 SECTION 6. Section 2(g), Article 37.071, Code of Criminal
4-18 Procedure, is amended to read as follows:
4-19 (g) If the jury returns an affirmative finding on each issue
4-20 submitted under Subsection (b) [of this article] and a negative
4-21 finding on an issue submitted under Subsection (e)(1) [of this
4-22 article], the court shall sentence the defendant to death. If the
4-23 jury returns a negative finding on any issue submitted under
4-24 Subsection (b) and [of this article or] an affirmative finding on
4-25 an issue submitted under Subsection (e)(2) [of this article] or is
4-26 unable to answer any issue submitted under Subsection (b) or (e)
4-27 [of this article], the court shall sentence the defendant to
5-1 confinement in the institutional division of the Texas Department
5-2 of Criminal Justice for life. If the jury returns a negative
5-3 finding under Subsection (e)(2), the court shall sentence the
5-4 defendant to life imprisonment without parole.
5-5 SECTION 7. (a) The change in law made by this Act applies
5-6 only to an offense committed on or after the effective date of this
5-7 Act. For purposes of this section, an offense is committed before
5-8 the effective date of this Act if any element of the offense occurs
5-9 before the effective date.
5-10 (b) An offense committed before the effective date of this
5-11 Act is covered by the law in effect when the offense was committed,
5-12 and the former law is continued in effect for that purpose.
5-13 SECTION 8. This Act takes effect September 1, 2001.