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A BILL TO BE ENTITLED
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AN ACT
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relating to certain sentencing procedures in a capital case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2(a)(1), Article 37.071, Code of |
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Criminal Procedure, is amended to read as follows: |
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(1) If a defendant is tried for a capital offense in |
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which the state seeks the death penalty, on a finding that the |
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defendant is guilty of a capital offense, the court shall conduct a |
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separate sentencing proceeding to determine whether the defendant |
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shall be sentenced to death or life imprisonment without |
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parole. The proceeding shall be conducted in the trial court and, |
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except as provided by Article 44.29(c) [of this code], before the |
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trial jury as soon as practicable. In the proceeding, evidence may |
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be presented by the state and the defendant or the defendant's |
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counsel as to any matter that the court deems relevant to sentence, |
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including evidence of the defendant's background or character or |
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the circumstances of the offense that mitigates against the |
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imposition of the death penalty. This subdivision shall not be |
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construed to authorize the introduction of any evidence secured in |
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violation of the Constitution of the United States or of the State |
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of Texas. The state and the defendant or the defendant's counsel |
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shall be permitted to present argument for or against sentence of |
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death. The introduction of evidence of extraneous conduct is |
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governed by the notice requirements of Section 3(g), Article |
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37.07. [The court, the attorney representing the state, the
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defendant, or the defendant's counsel may not inform a juror or a
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prospective juror of the effect of a failure of a jury to agree on
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issues submitted under Subsection (c) or (e).] |
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SECTION 2. Section 2(d), Article 37.071, Code of Criminal |
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Procedure, is amended to read as follows: |
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(d) The court shall charge the jury that: |
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(1) it is the responsibility of each juror separately |
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to determine the answers to the issues submitted under Subsection |
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(b) and the appropriate sentence; |
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(2) in deliberating on the issues submitted under |
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Subsection (b) [of this article], each juror [it] shall |
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independently consider all evidence admitted at the guilt or |
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innocence stage and the punishment stage, including evidence of the |
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defendant's background or character, residual doubt, or the |
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circumstances of the offense that militates for or mitigates |
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against the imposition of the death penalty, and arrive at the |
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juror's own conclusion regarding the answers to the issues; |
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(3) the jury [(2) it] may not answer any issue |
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submitted under Subsection (b) [of this article] "yes" unless each |
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juror individually reaches an answer of "yes" [it agrees
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unanimously and it may not answer any issue "no" unless 10 or more
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jurors agree]; and |
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(4) [(3)] members of the jury need not agree on what |
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particular evidence supports a negative answer to any issue |
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submitted under Subsection (b) [of this article]. |
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SECTION 3. Section 2(f), Article 37.071, Code of Criminal |
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Procedure, is amended to read as follows: |
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(f) The court shall charge the jury that in answering the |
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issue submitted under Subsection (e) [of this article, the jury]: |
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(1) the jury shall answer the issue "yes" or "no"; |
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(2) each juror shall independently consider all |
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evidence admitted at the guilt or innocence stage and the |
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punishment stage, including evidence of the defendant's background |
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or character, residual doubt, or the circumstances of the offense |
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that militates for or mitigates against the imposition of the death |
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penalty, and arrive at the juror's own conclusion regarding the |
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answer to the issue; |
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(3) the jury may not answer the issue "no" unless each |
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juror individually reaches an answer of "no" [it agrees unanimously
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and may not answer the issue "yes" unless 10 or more jurors agree]; |
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(4) members of the jury [(3)] need not agree on what |
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particular evidence supports an affirmative finding on the issue; |
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and |
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(5) the jury [(4)] shall consider mitigating evidence |
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to be evidence that a juror might regard as reducing the defendant's |
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moral blameworthiness. |
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SECTION 4. The change in law made by this Act applies only |
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to a criminal proceeding that commences on or after the effective |
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date of this Act. A criminal proceeding that commenced before the |
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effective date of this Act is governed by the law in effect on the |
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date the proceeding commenced, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2017. |