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A BILL TO BE ENTITLED
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AN ACT
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relating to jury selection in capital cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2(a)(1), Article 37.071, Code of |
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Criminal Procedure, is amended to read as follows: |
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(a)(1) If a defendant is tried for a capital offense in |
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which the state seeks the death penalty, on a finding that the |
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defendant is guilty of a capital offense, the court shall conduct a |
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separate sentencing proceeding to determine whether the defendant |
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shall be sentenced to death or life imprisonment without parole. |
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The proceeding shall be conducted as soon as practicable in the |
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trial court and, except as provided by Section 3 or Article 44.29(c) |
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[of this code], before the trial jury [as soon as practicable]. In |
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the proceeding, evidence may be presented by the state and the |
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defendant or the defendant's counsel as to any matter that the court |
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deems relevant to sentence, including evidence of the defendant's |
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background or character or the circumstances of the offense that |
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mitigates against the imposition of the death penalty. This |
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subdivision shall not be construed to authorize the introduction of |
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any evidence secured in violation of the Constitution of the United |
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States or of the State of Texas. The state and the defendant or the |
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defendant's counsel shall be permitted to present argument for or |
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against sentence of death. The introduction of evidence of |
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extraneous conduct is governed by the notice requirements of |
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Section 3(g), Article 37.07. The court, the attorney representing |
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the state, the defendant, or the defendant's counsel may not inform |
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a juror or a prospective juror of the effect of a failure of a jury |
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to agree on issues submitted under Subsection (c) or (e). |
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SECTION 2. Section 2(d), Article 37.071, Code of Criminal |
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Procedure, is amended to read as follows: |
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(d) The court shall charge the jury that: |
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(1) in deliberating on the issues submitted under |
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Subsection (b) [of this article], the jury [it] shall consider all |
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evidence admitted at any stage of the trial for which the jury is |
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impaneled [the guilt or innocence stage and the punishment stage], |
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including evidence of the defendant's background or character or |
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the circumstances of the offense that militates for or mitigates |
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against the imposition of the death penalty; |
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(2) the jury [it] may not answer any issue submitted |
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under Subsection (b) [of this article] "yes" unless the jury [it] |
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agrees unanimously and the jury [it] may not answer any issue "no" |
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unless 10 or more jurors agree; and |
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(3) members of the jury need not agree on what |
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particular evidence supports a negative answer to any issue |
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submitted under Subsection (b) [of this article]. |
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SECTION 3. Article 37.071, Code of Criminal Procedure, is |
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amended by adding Section 3 to read as follows: |
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Sec. 3. (a) If a defendant is tried for a capital offense in |
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which the state seeks the death penalty, at any time before trial |
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commences the defendant may file a sworn motion requesting the |
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court to impanel a separate jury for the punishment stage of the |
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trial. |
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(b) On the jury's finding that the defendant is guilty of a |
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capital offense, if the defendant filed a motion under Subsection |
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(a), the court shall: |
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(1) discharge the jury that returned the finding of |
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guilt; and |
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(2) impanel a separate jury for the punishment stage |
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of the trial. |
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(c) The court shall impanel the jury for the punishment |
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stage of the trial in the same manner that the court impaneled the |
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jury for the guilt or innocence stage. |
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(d) The court shall exclude from the jury impaneled for the |
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punishment stage any person who served on the jury for the guilt or |
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innocence stage. |
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SECTION 4. Section 3(a)(1), Article 37.0711, Code of |
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Criminal Procedure, is amended to read as follows: |
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(a)(1) If a defendant is tried for a capital offense in |
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|
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 |
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|
shall be sentenced to death or life imprisonment. The proceeding |
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shall be conducted as soon as practicable in the trial court and, |
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except as provided by Section 4 or Article 44.29(c) [of this code], |
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before the trial jury [as soon as practicable]. In the proceeding, |
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evidence may be presented as to any matter that the court deems |
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relevant to sentence. This subdivision shall not be construed to |
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authorize the introduction of any evidence secured in violation of |
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the Constitution of the United States or of this state. The state |
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and the defendant or the defendant's counsel shall be permitted to |
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present argument for or against sentence of death. |
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SECTION 5. Article 37.0711, Code of Criminal Procedure, is |
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amended by adding Section 4 to read as follows: |
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Sec. 4. (a) If a defendant is tried for a capital offense in |
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which the state seeks the death penalty, at any time before trial |
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commences the defendant may file a sworn motion requesting the |
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court to impanel a separate jury for the punishment stage of the |
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trial. |
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(b) On the jury's finding that the defendant is guilty of a |
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capital offense, if the defendant filed a motion under Subsection |
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(a), the court shall: |
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(1) discharge the jury that returned the finding of |
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guilt; and |
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(2) impanel a separate jury for the punishment stage |
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of the trial. |
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(c) The court shall impanel the jury for the punishment |
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stage of the trial in the same manner that the court impaneled the |
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jury for the guilt or innocence stage. |
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(d) The court shall exclude from the jury impaneled for the |
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punishment stage any person who served on the jury for the guilt or |
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innocence stage. |
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SECTION 6. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is covered |
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by the law in effect at the time the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 7. This Act takes effect September 1, 2007. |