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A BILL TO BE ENTITLED
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AN ACT
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relating to the extent of a defendant's criminal responsibility for |
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the conduct of a coconspirator in certain capital felony cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1, Article 37.071, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 1. (a) If a defendant is found guilty in a capital |
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felony case in which the state does not seek the death penalty or in |
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a capital felony case described by Subsection (b), the judge shall |
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sentence the defendant to life imprisonment or to life imprisonment |
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without parole as required by Section 12.31, Penal Code. |
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(b) A defendant who is found guilty in a capital felony case |
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in which the jury charge at the guilt or innocence stage permitted |
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the jury to find the defendant guilty as a party under Section |
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7.02(b), Penal Code, may not be sentenced to death. |
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SECTION 2. Section 2, Article 37.0711, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 2. (a) If a defendant is found guilty in a case in |
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which the state does not seek the death penalty or in a case |
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described by Subsection (b), the judge shall sentence the defendant |
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to life imprisonment. |
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(b) A defendant who is found guilty in a capital felony case |
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in which the jury charge at the guilt or innocence stage permitted |
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the jury to find the defendant guilty as a party under Section |
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7.02(b), Penal Code, may not be sentenced to death. |
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SECTION 3. The change in law made by this Act applies to a |
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criminal proceeding that commences on or after the effective date |
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of this Act. A criminal proceeding that commences 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 4. This Act takes effect September 1, 2019. |