By: Hinojosa S.B. No. 1428

(In the Senate - Filed March 7, 2013; March 18, 2013, read first time and referred to Committee on Criminal Justice; April 22, 2013, reported adversely, with favorable Committee Substitute by the following vote: Yeas 4, Nays 1; April 22, 2013, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1428 By: Huffman

A BILL TO BE ENTITLED

AN ACT

relating to the reformation of the sentences of juveniles convicted of capital felonies.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 44, Code of Criminal Procedure, is amended by adding Article 44.252 to read as follows:

Art. 44.252. REFORMATION OF SENTENCE IN CAPITAL CASE INVOLVING JUVENILE DEFENDANT. The court of criminal appeals shall reform a sentence of imprisonment of a defendant committed to the Texas Department of Criminal Justice for life without parole, including a sentence previously reformed from death to a sentence of imprisonment in the Texas Department of Criminal Justice for life without parole, to a sentence of imprisonment in the Texas Department of Criminal Justice for life, or for any term of not more than 99 years, if the court finds that the defendant committed the offense before the defendant's 18th birthday. The court shall make an individualized assessment of the defendant's circumstances and the circumstances surrounding the offense in determining the length of the reformed sentence.

SECTION 2. Notwithstanding Section 3, Chapter 765 (Senate Bill No. 839), Acts of the 81st Legislature, Regular Session, 2009, the changes made by that Act to Section 12.31, Penal Code, and Section 508.145, Government Code, apply to offenses committed before, on, or after September 1, 2009, the effective date of that Act.

SECTION 3. This Act takes effect September 1, 2013.

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