87R1104 JRR-D
 
  By: Toth, Collier, Sanford, Vasut, Moody, H.B. No. 77
      et al.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting the death penalty for a defendant whose
  conviction is based solely on certain evidence.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1, Article 37.071, Code of Criminal
  Procedure, is amended by adding Subsection (a-1) to read as
  follows:
         (a-1)  A defendant who is found guilty in a capital felony
  case may not be sentenced to death, and the state may not seek the
  death penalty, if the finding of guilt is based solely on the
  testimony of a single eyewitness without any corroborating
  evidence.
         SECTION 2.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  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, 2021.