83R914 AED-D
 
  By: Dutton H.B. No. 319
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the extent of a defendant's criminal responsibility for
  the conduct of a coconspirator in certain felony cases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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 to life imprisonment without
  parole.
         (b)  A defendant who is found guilty in a capital felony case
  only as a party under Section 7.02(b), Penal Code, may not be
  sentenced to death, and the state may not seek the death penalty in
  any case in which the defendant's liability is based solely on that
  subsection.
         SECTION 2.  Section 2, Article 37.0711, Code of Criminal
  Procedure, is amended to read as follows:
         Sec. 2.  (a)  If a defendant is found guilty in a case in
  which the state does not seek the death penalty, the judge shall
  sentence the defendant to life imprisonment.
         (b)  A defendant who is found guilty in a capital felony case
  only as a party under Section 7.02(b), Penal Code, may not be
  sentenced to death, and the state may not seek the death penalty in
  any case in which the defendant's liability is based solely on that
  subsection.
         SECTION 3.  The change in law made by this Act applies to a
  criminal proceeding that commences on or after the effective date
  of this Act. A criminal proceeding that commences before the
  effective date of this Act is governed by the law in effect when the
  proceeding commenced, and the former law is continued in effect for
  that purpose.
         SECTION 4.  This Act takes effect September 1, 2013.