78R8232 EMT-D

By:  Dunnam                                                       H.B. No. 2165



A BILL TO BE ENTITLED

AN ACT

relating to the sentencing procedure in capital felony cases.                 
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 2, Article 37.071, Code of Criminal 
Procedure, is amended by amending Subsections (b), (d), and (f) and 
adding Subsection (j) to read as follows:
	(b)  On conclusion of the presentation of the evidence, the 
court shall submit the following issues to the jury:
		(1)  whether the state has proven beyond a reasonable 
doubt [there is a probability] that the defendant will [would] 
commit criminal acts of violence that would constitute a continuing 
threat to members of the general public or to persons who are 
imprisoned in correctional facilities and persons who work in those 
facilities [society]; and
		(2)  in cases in which the jury charge at the guilt or 
innocence stage permitted the jury to find the defendant guilty as a 
party under Sections 7.01 and 7.02(a), Penal Code, whether the 
defendant actually caused the death of the deceased or did not 
actually cause the death of the deceased but intended to kill the 
deceased or another or anticipated that a human life would be taken 
and was a major participant in the intentional murder.
	(d)  The court shall charge the jury that:                                     
		(1)  in deliberating on the issues submitted under 
Subsection (b) of this article, it shall consider all evidence 
admitted at the guilt or innocence stage and the punishment stage, 
including evidence of the defendant's background or character or 
the circumstances of the offense that militates for or mitigates 
against the imposition of the death penalty;
		(2)  it may not answer any issue submitted under 
Subsection (b) of this article "yes" unless it agrees unanimously 
and it must answer the issue "no" if one or more jurors finds that 
the issue has not been proven beyond a reasonable doubt [may not 
answer any issue "no" unless 10 or more jurors agree]; and
		(3)  members of the jury need not agree on what 
particular evidence supports a negative answer to any issue 
submitted under Subsection (b) of this article.
	(f)  The court shall charge the jury that in answering the 
issue submitted under Subsection (e) of this article, the jury:
		(1)  shall answer the issue "yes" or "no";                                    
		(2)  may not answer the issue "no" unless it agrees 
unanimously and it must answer the issue "yes" if one or more jurors 
finds that a circumstance or circumstances warrant that a sentence 
of life imprisonment rather than a death sentence be imposed [may 
not answer the issue "yes" unless 10 or more jurors agree];
		(3)  need not agree on what particular evidence 
supports an affirmative finding on the issue; and
		(4)  shall consider mitigating evidence to be evidence 
that a juror might regard as reducing the defendant's moral 
blameworthiness.
	(j)  The jury must inform the trial court of any failure to 
agree unanimously regarding an issue submitted under this article.
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies only to an 
offense committed on or after the effective date of this Act.   An 
offense committed before the effective date of this Act is covered 
by the law in effect when the offense was committed, and the former 
law is continued in effect for that purpose.  For purposes of this 
subsection, an offense was committed before the effective date of 
this Act if any element of the offense was committed before that 
date.