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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 a capital murder case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.02(b), Penal Code, is amended to read |
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as follows: |
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(b) If, in the attempt to carry out a conspiracy to commit |
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one felony, another felony is committed by one of the conspirators, |
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all conspirators are guilty of the felony actually committed, |
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though having no intent to commit it, provided that [if] the offense |
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was committed in furtherance of the unlawful purpose and was one |
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that should have been anticipated as a result of the carrying out of |
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the conspiracy. This subsection does not apply to the prosecution |
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of the offense of capital murder. |
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SECTION 2. The change in law made by this Act applies only |
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to the prosecution of an offense committed on or after the effective |
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date of this Act. The prosecution of an offense committed 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 offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2021. |