86R5863 MAW-D
 
  By: Moody H.B. No. 3938
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the consideration of the views of a close relative of a
  deceased victim regarding the imposition of the death penalty in a
  capital case.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2(a)(1), Article 37.071, Code of
  Criminal Procedure, is amended to read as follows:
               (1)  If a defendant is tried for a capital offense in
  which the state seeks the death penalty, on a finding that the
  defendant is guilty of a capital offense, the court shall conduct a
  separate sentencing proceeding to determine whether the defendant
  shall be sentenced to death or life imprisonment without parole.
  The proceeding shall be conducted in the trial court and, except as
  provided by Article 44.29(c) [of this code], before the trial jury
  as soon as practicable. In the proceeding, evidence may be
  presented by the state and the defendant or the defendant's counsel
  as to any matter that the court considers [deems] relevant to
  sentence, including evidence of the defendant's background or
  character or the circumstances of the offense that mitigates
  against the imposition of the death penalty and evidence of the
  views of a close relative of a deceased victim, as defined by
  Article 56.01, regarding the imposition of the death penalty in the
  case. This subdivision does [shall] not [be construed to] authorize
  the introduction of any evidence secured in violation of the
  Constitution of the United States or of the State of Texas. The
  state and the defendant or the defendant's counsel shall be
  permitted to present argument for or against sentence of death. The
  introduction of evidence of extraneous conduct is governed by the
  notice requirements of Section 3(g), Article 37.07. The court, the
  attorney representing the state, the defendant, or the defendant's
  counsel may not inform a juror or a prospective juror of the effect
  of a failure of a jury to agree on issues submitted under Subsection
  (c) or (e).
         SECTION 2.  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], 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 and evidence of the
  views of a close relative of a deceased victim, as defined by
  Article 56.01, regarding the imposition of the death penalty in the
  case;
               (2) it may not answer any issue submitted under
  Subsection (b) of this article "yes" unless 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 3.  Section 2(e)(1), Article 37.071, Code of
  Criminal Procedure, is amended to read as follows:
               (1)  The court shall instruct the jury that if the jury
  returns an affirmative finding to each issue submitted under
  Subsection (b), it shall answer the following issue:
         Whether, taking into consideration all of the evidence,
  including the circumstances of the offense, the defendant's
  character and background, [and] the personal moral culpability of
  the defendant, and the views of a close relative of a deceased
  victim, as defined by Article 56.01, regarding the imposition of
  the death penalty in the case, there is a sufficient mitigating
  circumstance or circumstances to warrant that a sentence of life
  imprisonment without parole rather than a death sentence be
  imposed.
         SECTION 4.  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 5.  This Act takes effect September 1, 2019.