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A BILL TO BE ENTITLED
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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) and amending Subsection (d) to read as |
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follows: |
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(b) Except as provided by Subsection (d), an inmate serving |
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a life sentence under Section 12.31(a)(1), Penal Code, for a |
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capital felony is not eligible for release on parole until the |
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actual calendar time the inmate has served, without consideration |
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of good conduct time, equals 40 calendar years. |
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(d) An inmate serving a life sentence under Section |
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12.31(a)(1), Penal Code, for a capital felony who was found guilty |
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as a party to the offense under Section 7.01 or 7.02, Penal Code, or |
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serving a sentence for an offense described by Section 3g(a)(1)(A), |
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(C), (D), (E), (F), (G), (H), or (I), Article 42.12, Code of |
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Criminal Procedure, or for an offense for which the judgment |
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contains an affirmative finding under Section 3g(a)(2) of that |
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article, is not eligible for release on parole until the inmate's |
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actual calendar time served, without consideration of good conduct |
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time, equals one-half of the sentence or 30 calendar years, |
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whichever is less, but in no event is the inmate eligible for |
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release on parole in less than two 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. |