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79R6161 RMB-F
By: Hinojosa S.B. No. 1507
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, Penal Code, whether the
defendant:
(A) actually caused the death of the deceased; or
(B) 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, was a major
participant in the underlying felony, and displayed a reckless
indifference to human life.
(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. 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.