86R1682 KJE-D
 
  By: Dutton H.B. No. 472
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the extent of a defendant's criminal responsibility for
  the conduct of a coconspirator in a capital murder case.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 7.02(b), Penal Code, is amended to read
  as follows:
         (b)  If, in the attempt to carry out a conspiracy to commit
  one felony, another felony is committed by one of the conspirators,
  all conspirators are guilty of the felony actually committed,
  though having no intent to commit it, provided that [if] the offense
  was committed in furtherance of the unlawful purpose and was one
  that should have been anticipated as a result of the carrying out of
  the conspiracy. This subsection does not apply to the prosecution
  of the offense of capital murder.
         SECTION 2.  The change in law made by this Act applies only
  to the prosecution of an offense committed on or after the effective
  date of this Act. The prosecution of an offense committed before the
  effective date of this Act is governed by the law in effect on the
  date the offense was committed, and the former law is continued in
  effect for that purpose. For purposes of this section, an offense
  was committed before the effective date of this Act if any element
  of the offense occurred before that date.
         SECTION 3.  This Act takes effect September 1, 2019.