83S10114 KEL-F
 
  By: Kolkhorst H.B. No. 33
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the punishment for a capital felony committed by an
  individual younger than 18 years of age.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 12.31, Penal Code, is amended to read as
  follows:
         Sec. 12.31.  CAPITAL FELONY. (a)  An individual adjudged
  guilty of a capital felony in a case in which the state seeks the
  death penalty shall be punished by imprisonment in the Texas
  Department of Criminal Justice for life without parole or by death.  
  An individual adjudged guilty of a capital felony in a case in which
  the state does not seek the death penalty shall be punished by
  imprisonment in the Texas Department of Criminal Justice for:
               (1)  life, if the individual committed the offense when
  younger than 18 years of age [individual's case was transferred to
  the court under Section 54.02, Family Code]; or
               (2)  life without parole, if the individual committed
  the offense when 18 years of age or older.
         (b)  In a capital felony trial in which the state seeks the
  death penalty, prospective jurors shall be informed that a sentence
  of life imprisonment without parole or death is mandatory on
  conviction of a capital felony.  In a capital felony trial in which
  the state does not seek the death penalty, prospective jurors shall
  be informed that the state is not seeking the death penalty and
  that:
               (1)  a sentence of life imprisonment is mandatory on
  conviction of the capital felony, if the individual committed the
  offense when younger than 18 years of age [case was transferred to
  the court under Section 54.02, Family Code]; or
               (2)  a sentence of life imprisonment without parole is
  mandatory on conviction of the capital felony, if the individual
  committed the offense when 18 years of age or older.
         SECTION 2.  Section 1, Article 37.071, Code of Criminal
  Procedure, is amended to read as follows:
         Sec. 1.  If a defendant is found guilty in a capital felony
  case in which the state does not seek the death penalty, the judge
  shall sentence the defendant to life imprisonment or to life
  imprisonment without parole as required by Section 12.31, Penal
  Code.
         SECTION 3.  The change in law made by this Act:
               (1)  applies to a criminal action pending, on appeal,
  or commenced on or after the effective date of this Act, regardless
  of whether the criminal action is based on an offense committed
  before, on, or after that date; and
               (2)  does not affect a final conviction that exists on
  the effective date of this Act.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect on the 91st day after the last day of the
  legislative session.