By: Hinojosa S.B. No. 1507
A BILL TO BE ENTITLED
AN ACT
relating to the introduction of certain evidence in the sentencing
phase of a capital felony case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (1), Subsection (a), Section 2,
Article 37.071, Code of Criminal Procedure, is amended to read as
follows:
(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 in the trial court and, except as provided by
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
introduction of evidence of extraneous conduct is governed by the
notice requirements of Section 3(g), Article 37.07. 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. 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 section, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.
SECTION 3. This Act takes effect September 1, 2005.