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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 an |
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individual younger than 18 years of age. |
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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 for life without parole or by death. |
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An individual adjudged guilty of a capital felony in a case in which |
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the state does not seek the death penalty shall be punished by |
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imprisonment in the Texas Department of Criminal Justice for: |
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(1) life, if the individual committed the offense when |
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younger than 18 years of age [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, if the individual committed |
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the offense when 18 years of age or older. |
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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 individual committed the |
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offense when younger than 18 years of age [case was transferred to
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the 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, if the individual |
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committed the offense when 18 years of age or older. |
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SECTION 2. Section 1, Article 37.071, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 1. If a defendant is found guilty in a capital felony |
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case in which the state does not seek the death penalty, the judge |
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shall sentence the defendant to life imprisonment or to life |
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imprisonment without parole as required by Section 12.31, Penal |
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Code. |
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SECTION 3. The change in law made by this Act: |
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(1) applies to a criminal action pending, on appeal, |
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or commenced on or after the effective date of this Act, regardless |
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of whether the criminal action is based on an offense committed |
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before, on, or after that date; and |
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(2) does not affect a final conviction that exists on |
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the effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |