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79R3238 KCR-D
By: Dutton H.B. No. 696
A BILL TO BE ENTITLED
AN ACT
relating to jury selection in capital cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2(a)(1), Article 37.071, Code of
Criminal Procedure, is amended to read as follows:
(a)(1) If a defendant is tried for a capital offense in
which the state seeks the death penalty, on a finding that the
defendant is guilty of a capital offense, the court shall conduct a
separate sentencing proceeding to determine whether the defendant
shall be sentenced to death or life imprisonment. The proceeding
shall be conducted as soon as practicable in the trial court and,
except as provided by Section 3 or Article 44.29(c) [of this code],
before the trial jury [as soon as practicable]. In the proceeding,
evidence may be presented by the state and the defendant or the
defendant's counsel as to any matter that the court deems relevant
to sentence, including evidence of the defendant's background or
character or the circumstances of the offense that mitigates
against the imposition of the death penalty. This subdivision
shall not be construed to authorize the introduction of any
evidence secured in violation of the Constitution of the United
States or of the State of Texas. The state and the defendant or the
defendant's counsel shall be permitted to present argument for or
against sentence of death. The court, the attorney representing
the state, the defendant, or the defendant's counsel may not inform
a juror or a prospective juror of the effect of a failure of a jury
to agree on issues submitted under Subsection (c) or (e) [of this
article].
SECTION 2. Section 2(d), Article 37.071, Code of Criminal
Procedure, is amended to read as follows:
(d) The court shall charge the jury that:
(1) in deliberating on the issues submitted under
Subsection (b) [of this article], the jury [it] shall consider all
evidence admitted at any stage of the trial for which the jury is
impaneled [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) the jury [it] may not answer any issue submitted
under Subsection (b) [of this article] "yes" unless the jury [it]
agrees unanimously and the jury [it] 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].
SECTION 3. Article 37.071, Code of Criminal Procedure, is
amended by adding Section 3 to read as follows:
Sec. 3. (a) If a defendant is tried for a capital offense in
which the state seeks the death penalty, at any time before trial
commences the defendant may file a sworn motion requesting the
court to impanel a separate jury for the punishment stage of the
trial.
(b) On the jury's finding that the defendant is guilty of a
capital offense, if the defendant filed a motion under Subsection
(a), the court shall:
(1) discharge the jury that returned the finding of
guilt; and
(2) impanel a separate jury for the punishment stage
of the trial.
(c) The court shall impanel the jury for the punishment
stage of the trial in the same manner that the court impaneled the
jury for the guilt or innocence stage.
(d) The court shall exclude from the jury impaneled for the
punishment stage any person who served on the jury for the guilt or
innocence stage.
SECTION 4. Section 3(a)(1), Article 37.0711, Code of
Criminal Procedure, is amended to read as follows:
(a)(1) If a defendant is tried for a capital offense in
which the state seeks the death penalty, on a finding that the
defendant is guilty of a capital offense, the court shall conduct a
separate sentencing proceeding to determine whether the defendant
shall be sentenced to death or life imprisonment. The proceeding
shall be conducted as soon as practicable in the trial court and,
except as provided by Section 4 or Article 44.29(c) [of this code],
before the trial jury [as soon as practicable]. In the proceeding,
evidence may be presented as to any matter that the court deems
relevant to sentence. This subdivision shall not be construed to
authorize the introduction of any evidence secured in violation of
the Constitution of the United States or of this state. The state
and the defendant or the defendant's counsel shall be permitted to
present argument for or against sentence of death.
SECTION 5. Article 37.0711, Code of Criminal Procedure, is
amended by adding Section 4 to read as follows:
Sec. 4. (a) If a defendant is tried for a capital offense in
which the state seeks the death penalty, at any time before trial
commences the defendant may file a sworn motion requesting the
court to impanel a separate jury for the punishment stage of the
trial.
(b) On the jury's finding that the defendant is guilty of a
capital offense, if the defendant filed a motion under Subsection
(a), the court shall:
(1) discharge the jury that returned the finding of
guilt; and
(2) impanel a separate jury for the punishment stage
of the trial.
(c) The court shall impanel the jury for the punishment
stage of the trial in the same manner that the court impaneled the
jury for the guilt or innocence stage.
(d) The court shall exclude from the jury impaneled for the
punishment stage any person who served on the jury for the guilt or
innocence stage.
SECTION 6. The changes in law made by this Act apply 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 at the time the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.
SECTION 7. This Act takes effect September 1, 2005.