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A BILL TO BE ENTITLED
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AN ACT
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relating to consideration of certain mitigating evidence at the |
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sentencing proceeding of a defendant or the disposition hearing of |
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a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.021 to read as follows: |
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Art. 42.021. LIMITATION ON MITIGATING EVIDENCE. |
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Notwithstanding any other law, at the sentencing proceeding of a |
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defendant the trier of fact may not consider any evidence offered to |
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establish that the defendant did not understand the consequences of |
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the defendant's actions because the defendant was raised in a |
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household that was overly permissive due to affluent circumstances. |
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SECTION 2. Chapter 54, Family Code, is amended by adding |
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Section 54.0403 to read as follows: |
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Sec. 54.0403. LIMITATION ON MITIGATING EVIDENCE. |
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Notwithstanding any other law, at a disposition hearing held under |
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Section 54.04 the trier of fact may not consider any evidence |
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offered to establish that the defendant did not understand the |
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consequences of the defendant's actions because the defendant was |
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raised in a household that was overly permissive due to affluent |
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circumstances. |
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SECTION 3. Article 42.021, Code of Criminal Procedure, as |
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added by this Act, applies only to a sentencing proceeding that |
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commences on or after the effective date of this Act, regardless of |
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whether the applicable offense occurred before, on, or after the |
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effective date of this Act. |
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SECTION 4. Section 54.0403, Family Code, as added by this |
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Act, applies to a disposition hearing that commences on or after the |
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effective date of this Act, regardless of whether the applicable |
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delinquent conduct occurred before, on, or after the effective date |
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of this Act. |
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SECTION 5. This Act takes effect September 1, 2015. |