83S20027 KEL-D
 
  By: Canales H.B. No. 10
 
 
 
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)  for life, if the individual committed the offense
  when younger than 17 years of age [individual's case was
  transferred to the court under Section 54.02, Family Code];
               (2)  for life or for life without parole, if the
  individual committed the offense when 17 years of age; or
               (3)  for [(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 17 years of age [case was transferred to
  the court under Section 54.02, Family Code];
               (2)  a sentence of either life imprisonment or life
  imprisonment without parole is mandatory on conviction of the
  capital felony, if the individual committed the offense when 17
  years of age; or
               (3) [(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.  (a) 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 shall be sentenced to
  imprisonment for life or for life [imprisonment] without parole as
  described by this section and by Section 12.31, Penal Code.
         (b)  The judge shall impose a sentence of imprisonment in the
  Texas Department of Criminal Justice for life without parole with
  respect to a defendant who was 18 years of age or older at the time
  the capital felony was committed.
         (c)  The judge shall impose a sentence of imprisonment in the
  Texas Department of Criminal Justice for life with respect to a
  defendant who was younger than 17 years of age at the time the
  capital felony was committed.
         (d)(1)  The judge or jury shall impose a sentence of
  imprisonment in the Texas Department of Criminal Justice for life
  or for life without parole with respect to a defendant who was 17
  years of age at the time the capital felony was committed.
  Notwithstanding the exception language provided by Section 2(b),
  Article 37.07, the determination of who will assess punishment
  under this subsection is governed by Section 2(b), Article 37.07.
 
               (2)  Evidence may be offered by the state and the
  defendant as to any matter the court considers relevant to the
  sentence, as governed by Section 3, Article 37.07, including
  evidence of the defendant's background or character and evidence of
  the circumstances of the offense. In determining the appropriate
  sentence, the judge or jury shall consider any relevant mitigating
  factor or circumstance, including any factor or circumstance that
  may have contributed to the commission of the offense and any other
  factor or circumstance described by this subdivision. The
  defendant or the defendant's counsel may submit mitigating factors
  or circumstances to the court, including any of the following
  information about the defendant:
                     (A)  age at the time of the offense;
                     (B)  developmental stage at the time of the
  offense;
                     (C)  family and community environment;
                     (D)  ability to appreciate the risks and
  consequences of the conduct;
                     (E)  intellectual capacity;
                     (F)  the outcomes of the comprehensive mental
  health evaluation described by Subdivision (3);
                     (G)  peer or familial pressure;
                     (H)  level of participation in the offense;
                     (I)  ability to participate meaningfully in the
  defense of the case;
                     (J)  capacity for rehabilitation;
                     (K)  school records and special education
  evaluations;
                     (L)  trauma history;
                     (M)  faith and community involvement;
                     (N)  involvement in the child welfare system; and
                     (O)  any other mitigating factor or circumstance.
               (3)  At the defendant's request following the
  adjudication of guilt, a mental health professional licensed in
  this state and specializing in adolescent mental health issues
  shall conduct a comprehensive mental health evaluation. The court
  shall consider the outcomes of the evaluation in determining the
  appropriate sentence under this subsection. The comprehensive
  mental health evaluation must include:
                     (A)  family interviews;
                     (B)  family history;
                     (C)  prenatal history;
                     (D)  developmental history;
                     (E)  medical history;
                     (F)  history of treatment for substance use;
                     (G)  social history; and
                     (H)  a psychological evaluation.
               (4)  The defendant or the defendant's counsel may also
  submit to the court for consideration as a mitigating factor or
  circumstance research about adolescent brain development and its
  impact on adolescent behavior and capacity for rehabilitation.
               (5)  If the punishment is to be assessed by the jury
  rather than the judge, the judge shall charge the jury in writing as
  follows:
               "Under the law applicable in this case, a defendant
  sentenced to imprisonment for life without parole is ineligible for
  release on parole from the Texas Department of Criminal Justice.
               "It is possible that any other sentence of imprisonment
  for life might be reduced by the award of parole. However, the
  defendant will not become eligible for parole until the actual time
  served equals 30 years, without consideration of good conduct time,
  and the eligibility for parole does not guarantee that parole will
  be granted.
               "It cannot accurately be predicted how the parole law
  might be applied to this defendant if the defendant is sentenced to
  life imprisonment, because the application of this law will depend
  on decisions made by prison and parole authorities.
               "You may consider the existence of the parole law.
  However, you are not to consider the manner in which the parole law
  may be applied to this particular defendant."
               (6)  Subdivision (5) does not permit the introduction
  of evidence on the operation of parole laws.
         SECTION 3.  Section 508.145(b), Government Code, is amended
  to read as follows:
         (b)  An inmate serving a life sentence under Section
  12.31(a)(1) or (2), Penal Code, for a capital felony is not eligible
  for release on parole until the actual calendar time the inmate has
  served, without consideration of good conduct time, equals 30 [40]
  calendar years.
         SECTION 4.  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 5.  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.