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AN ACT
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relating to the punishment for a capital felony committed by a |
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juvenile whose case is transferred to criminal court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.31, Penal Code, is amended to read as |
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follows: |
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Sec. 12.31. CAPITAL FELONY. (a) An individual adjudged |
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guilty of a capital felony in a case in which the state seeks the |
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death penalty shall be punished by imprisonment in the Texas |
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Department of Criminal Justice [institutional division] for life |
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without parole or by death. An individual adjudged guilty of a |
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capital felony in a case in which the state does not seek the death |
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penalty shall be punished by imprisonment in the Texas Department |
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of Criminal Justice [institutional division] for: |
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(1) life, if the individual's case was transferred to |
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the court under Section 54.02, Family Code; or |
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(2) life without parole. |
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(b) In a capital felony trial in which the state seeks the |
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death penalty, prospective jurors shall be informed that a sentence |
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of life imprisonment without parole or death is mandatory on |
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conviction of a capital felony. In a capital felony trial in which |
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the state does not seek the death penalty, prospective jurors shall |
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be informed that the state is not seeking the death penalty and |
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that: |
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(1) a sentence of life imprisonment is mandatory on |
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conviction of the capital felony, if the case was transferred to the |
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court under Section 54.02, Family Code; or |
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(2) a sentence of life imprisonment without parole is |
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mandatory on conviction of the capital felony. |
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SECTION 2. Section 508.145, Government Code, is amended by |
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adding Subsection (b) to read as follows: |
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(b) An inmate serving a life sentence under Section |
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12.31(a)(1), Penal Code, for a capital felony is not eligible for |
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release on parole until the actual calendar time the inmate has |
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served, without consideration of good conduct time, equals 40 |
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calendar years. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when 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 occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 839 passed the Senate on |
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April 8, 2009, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 29, 2009, by the |
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following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 839 passed the House, with |
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amendment, on May 20, 2009, by the following vote: Yeas 101, |
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Nays 37, three present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |