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.