The bill would amend the Penal Code and Government Code as it relates to the punishment for a capital felony committed by an individual younger than 18 years of age.  Under the provisions of the bill, any individual convicted of a capital felony who was 17 years old at the time of the offense shall be punished by a term of imprisonment of life or life without parole.  Any individual convicted of a capital felony who was younger than 17 years old at the time of the offense shall be punished by a term of imprisonment of life.  Persons convicted under these provisions who are punished with a sentence of life would not be eligible for parole until they had served, without consideration of good conduct time, 30 calendar years in prison.

The bill takes effect immediately if it receives a vote of two-thirds of all the members elected to each house.  If the bill does not receive the vote necessary for immediate effect, the bill takes effect on the 91st day after the last day of the legislative session.  The bill applies to criminal action pending, on appeal, or commenced on or after the effective date of the bill, regardless of whether the criminal action is based on an offense committed before, on, or after that date.

As of August 31, 2012, there were 26 individuals in prison for a capital offense who were serving a sentence of life without the possibility of parole and who were 17 years old or less at the time of the offense. Based on those offenders currently incarcerated and subject to the provisions of the bill, the full impact of the bill's provisions will first be realized in fiscal year 2036 and continue through subsequent fiscal years.