|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the extent of a defendant's criminal responsibility for |
|
the conduct of a coconspirator in certain capital felony cases. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 1, Article 37.071, Code of Criminal |
|
Procedure, is amended to read as follows: |
|
Sec. 1. (a) If a defendant is found guilty in a capital |
|
felony case in which the state does not seek the death penalty or in |
|
a capital felony case described by Subsection (b), the judge shall |
|
sentence the defendant to life imprisonment or to life imprisonment |
|
without parole as required by Section 12.31, Penal Code. |
|
(b) A defendant who is found guilty in a capital felony case |
|
in which the jury charge at the guilt or innocence stage permitted |
|
the jury to find the defendant guilty as a party under Section |
|
7.02(b), Penal Code, may not be sentenced to death. |
|
SECTION 2. Section 2, Article 37.0711, Code of Criminal |
|
Procedure, is amended to read as follows: |
|
Sec. 2. (a) If a defendant is found guilty in a case in |
|
which the state does not seek the death penalty or in a case |
|
described by Subsection (b), the judge shall sentence the defendant |
|
to life imprisonment. |
|
(b) A defendant who is found guilty in a capital felony case |
|
in which the jury charge at the guilt or innocence stage permitted |
|
the jury to find the defendant guilty as a party under Section |
|
7.02(b), Penal Code, may not be sentenced to death. |
|
SECTION 3. The change in law made by this Act applies to a |
|
criminal proceeding that commences on or after the effective date |
|
of this Act. A criminal proceeding that commences 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, 2019. |