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A BILL TO BE ENTITLED
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AN ACT
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relating to the consideration of the views of a close relative of a |
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deceased victim regarding the imposition of the death penalty in a |
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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 parole. |
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The proceeding shall be conducted in the trial court and, except as |
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provided by Article 44.29(c) [of this code], before the trial jury |
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as soon as practicable. In the proceeding, evidence may be |
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presented by the state and the defendant or the defendant's counsel |
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as to any matter that the court considers [deems] relevant to |
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sentence, including evidence of the defendant's background or |
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character or the circumstances of the offense that mitigates |
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against the imposition of the death penalty and evidence of the |
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views of a close relative of a deceased victim, as defined by |
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Article 56.01, regarding the imposition of the death penalty in the |
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case. This subdivision does [shall] not [be construed to] authorize |
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the introduction of any evidence secured in violation of the |
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Constitution of the United States or of the State of Texas. The |
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state and the defendant or the defendant's counsel shall be |
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permitted to present argument for or against sentence of death. The |
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introduction of evidence of extraneous conduct is governed by the |
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notice requirements of Section 3(g), Article 37.07. The court, the |
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attorney representing the state, the defendant, or the defendant's |
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counsel may not inform a juror or a prospective juror of the effect |
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of a failure of a jury to agree on issues submitted under Subsection |
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(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) in deliberating on the issues submitted under |
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Subsection (b) [of this article], it shall consider all evidence |
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admitted at the guilt or innocence stage and the punishment stage, |
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including evidence of the defendant's background or character or |
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the circumstances of the offense that militates for or mitigates |
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against the imposition of the death penalty and evidence of the |
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views of a close relative of a deceased victim, as defined by |
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Article 56.01, regarding the imposition of the death penalty in the |
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case; |
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(2) it may not answer any issue submitted under |
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Subsection (b) of this article "yes" unless it agrees unanimously |
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and it may not answer any issue "no" unless 10 or more jurors agree; |
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and |
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(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(e)(1), Article 37.071, Code of |
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Criminal Procedure, is amended to read as follows: |
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(1) The court shall instruct the jury that if the jury |
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returns an affirmative finding to each issue submitted under |
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Subsection (b), it shall answer the following issue: |
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Whether, taking into consideration all of the evidence, |
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including the circumstances of the offense, the defendant's |
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character and background, [and] the personal moral culpability of |
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the defendant, and the views of a close relative of a deceased |
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victim, as defined by Article 56.01, regarding the imposition of |
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the death penalty in the case, there is a sufficient mitigating |
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circumstance or circumstances to warrant that a sentence of life |
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imprisonment without parole rather than a death sentence be |
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imposed. |
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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, 2019. |