85R27358 MEW-F
 
  By: Herrero, Smithee, Collier H.B. No. 3054
 
  Substitute the following for H.B. No. 3054:
 
  By:  Moody C.S.H.B. No. 3054
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain sentencing procedures in a capital case.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2(d), Article 37.071, Code of Criminal
  Procedure, is amended to read as follows:
         (d)  The court shall charge the jury that:
               (1)  in deliberating on the issues submitted under
  Subsection (b) [of this article], the jury [it] shall consider all
  evidence admitted at the guilt or innocence stage and the
  punishment stage, including evidence of the defendant's background
  or character or the circumstances of the offense that militates for
  or mitigates against the imposition of the death penalty;
               (2)  the jury [it] may not answer any issue submitted
  under Subsection (b) [of this article] "yes" unless the jury [it]
  agrees unanimously [and it may not answer any issue "no" unless 10
  or more jurors agree]; and
               (3)  members of the jury need not agree on what
  particular evidence supports a negative answer to any issue
  submitted under Subsection (b) [of this article].
         SECTION 2.  Section 2(f), Article 37.071, Code of Criminal
  Procedure, is amended to read as follows:
         (f)  The court shall charge the jury that in answering the
  issue submitted under Subsection (e) [of this article], the jury:
               (1)  shall answer the issue "yes" or "no";
               (2)  may not answer the issue "no" unless the jury [it]
  agrees unanimously [and may not answer the issue "yes" unless 10 or
  more jurors agree];
               (3)  need not agree on what particular evidence
  supports an affirmative finding on the issue; and
               (4)  shall consider mitigating evidence to be evidence
  that a juror might regard as reducing the defendant's moral
  blameworthiness.
         SECTION 3.  The change in law made by this Act applies only
  to a criminal proceeding that commences on or after the effective
  date of this Act. A criminal proceeding that commenced before the
  effective date of this Act is governed by the law in effect on the
  date the proceeding commenced, and the former law is continued in
  effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2017.