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A BILL TO BE ENTITLED
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AN ACT
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relating to certain sentencing procedures in a capital case. |
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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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(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 |
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parole. The proceeding shall be conducted in the trial court and, |
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except as provided by Article 44.29(c) [of this code], before the |
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trial jury as soon as practicable. In the proceeding, evidence may |
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be presented by the state and the defendant or the defendant's |
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counsel as to any matter that the court deems relevant to sentence, |
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including evidence of the defendant's background or character or |
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the circumstances of the offense that mitigates against the |
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imposition of the death penalty. This subdivision shall not be |
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construed to authorize the introduction of any evidence secured in |
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violation of the Constitution of the United States or of the State |
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of Texas. The state and the defendant or the defendant's counsel |
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shall be permitted to present argument for or against sentence of |
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death. The introduction of evidence of extraneous conduct is |
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governed by the notice requirements of Section 3(g), Article |
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37.07. [The court, the attorney representing the state, the
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defendant, or the defendant's counsel may not inform a juror or a
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prospective juror of the effect of a failure of a jury to agree on
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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], it shall consider all evidence |
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admitted at 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) it may not answer any issue submitted under |
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Subsection (b) [of this article] "yes" unless it agrees unanimously |
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[and it may not answer any issue "no" unless 10 or more jurors
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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. Section 2(f), Article 37.071, Code of Criminal |
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Procedure, is amended to read as follows: |
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(f) The court shall charge the jury that in answering the |
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issue submitted under Subsection (e) [of this article], the jury: |
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(1) shall answer the issue "yes" or "no"; |
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(2) may not answer the issue "no" unless it agrees |
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unanimously [and may not answer the issue "yes" unless 10 or more
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jurors agree]; |
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(3) need not agree on what particular evidence |
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supports an affirmative finding on the issue; and |
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(4) shall consider mitigating evidence to be evidence |
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that a juror might regard as reducing the defendant's moral |
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blameworthiness. |
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SECTION 4. The change in law made by this Act applies only |
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to a criminal proceeding that commences on or after the effective |
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date of this Act. A criminal proceeding that commenced before the |
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effective date of this Act is governed by the law in effect on the |
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date the proceeding commenced, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |