| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain sentencing procedures in a capital case. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 2(a)(1), Article 37.071, Code of |
|
|
Criminal Procedure, is amended to read as follows: |
|
|
(1) If a defendant is tried for a capital offense in |
|
|
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 |
|
|
shall be sentenced to death or life imprisonment without |
|
|
parole. The proceeding shall be conducted in the trial court and, |
|
|
except as provided by Article 44.29(c) [of this code], before the |
|
|
trial jury as soon as practicable. In the proceeding, evidence may |
|
|
be presented by the state and the defendant or the defendant's |
|
|
counsel as to any matter that the court deems relevant to sentence, |
|
|
including evidence of the defendant's background or character or |
|
|
the circumstances of the offense that mitigates against the |
|
|
imposition of the death penalty. This subdivision shall not be |
|
|
construed to authorize the introduction of any evidence secured in |
|
|
violation of the Constitution of the United States or of the State |
|
|
of Texas. The state and the defendant or the defendant's counsel |
|
|
shall be permitted to present argument for or against sentence of |
|
|
death. The introduction of evidence of extraneous conduct is |
|
|
governed by the notice requirements of Section 3(g), Article |
|
|
37.07. [The court, the attorney representing the state, the
|
|
|
defendant, or the defendant's counsel may not inform a juror or a
|
|
|
prospective juror of the effect of a failure of a jury to agree on
|
|
|
issues submitted under Subsection (c) or (e).] |
|
|
SECTION 2. Section 2(d), Article 37.071, Code of Criminal |
|
|
Procedure, is amended to read as follows: |
|
|
(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 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]. |
|
|
SECTION 3. Section 2(f), Article 37.071, Code of Criminal |
|
|
Procedure, is amended to read as follows: |
|
|
(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 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. |
|
|
SECTION 4. The change in law made by this Act applies only |
|
|
to a criminal proceeding that commences on or after the effective |
|
|
date of this Act. A criminal proceeding that commenced before the |
|
|
effective date of this Act is governed by the law in effect on the |
|
|
date the proceeding commenced, and the former law is continued in |
|
|
effect for that purpose. |
|
|
SECTION 5. This Act takes effect September 1, 2011. |