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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 another in 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 by adding Subsection (c) to read as follows: |
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(c) A defendant who is found guilty in a capital felony case |
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only as a party under Section 7.02, Penal Code, may not be sentenced |
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to death, and the state may not seek the death penalty in any case in |
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which the defendant's liability is based solely on that section. |
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SECTION 2. Sections 2(b), (c), (d), and (g), Article |
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37.071, Code of Criminal Procedure, are amended to read as follows: |
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(b) On conclusion of the presentation of the evidence, the |
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court shall instruct [submit the following issues to] the jury to |
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determine [: |
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[(1)] whether there is a probability that the |
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defendant would commit criminal acts of violence that would |
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constitute a continuing threat to society[; and |
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[(2) in cases in which the jury charge at the guilt or |
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innocence stage permitted the jury to find the defendant guilty as a |
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party under Sections 7.01 and 7.02, Penal Code, whether the |
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defendant actually caused the death of the deceased or did not |
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actually cause the death of the deceased but intended to kill the |
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deceased or another or anticipated that a human life would be |
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taken]. |
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(c) The state must prove the [each] issue submitted under |
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Subsection (b) [of this article] beyond a reasonable doubt, and the |
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jury shall return a special verdict of "yes" or "no" on that [each] |
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issue [submitted under Subsection (b) of this Article]. |
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(d) The court shall charge the jury that: |
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(1) in deliberating on the issue [issues] submitted |
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under Subsection (b) [of this article], it shall consider all |
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evidence admitted at the guilt or innocence stage and the |
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punishment stage, including evidence of the defendant's background |
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or character or the circumstances of the offense that militates for |
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or mitigates against the imposition of the death penalty; |
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(2) it may not answer the [any] issue submitted under |
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Subsection (b) [of this article] "yes" unless it agrees unanimously |
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and it may not answer the [any] issue "no" unless 10 or more jurors |
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agree; and |
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(3) members of the jury need not agree on what |
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particular evidence supports a negative answer to the [any] issue |
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submitted under Subsection (b) [of this article]. |
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(g) If the jury returns an affirmative finding on the [each] |
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issue submitted under Subsection (b) and a negative finding on the |
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[an] issue submitted under Subsection (e)(1), the court shall |
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sentence the defendant to death. If the jury returns a negative |
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finding on the [any] issue submitted under Subsection (b) or an |
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affirmative finding on the [an] issue submitted under Subsection |
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(e)(1) or is unable to answer an [any] issue submitted under |
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Subsection (b) or (e), the court shall sentence the defendant to |
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confinement in the Texas Department of Criminal Justice for life |
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imprisonment without parole. |
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SECTION 3. Section 2(e)(1), Article 37.071, Code of |
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Criminal Procedure, is amended to read as follows: |
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(1) The court shall instruct the jury that if the jury |
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returns an affirmative finding to the [each] issue submitted under |
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Subsection (b), it shall determine whether [answer the following |
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issue: |
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[Whether], taking into consideration all of the evidence, |
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including the circumstances of the offense, the defendant's |
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character and background, and the personal moral culpability of the |
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defendant, there is a sufficient mitigating circumstance or |
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circumstances to warrant that a sentence of life imprisonment |
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without parole rather than a death sentence be imposed. |
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SECTION 4. 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, the judge shall |
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sentence the defendant to life imprisonment. |
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(b) A defendant who is found guilty in a capital felony case |
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only as a party under Section 7.02, Penal Code, may not be sentenced |
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to death, and the state may not seek the death penalty in any case in |
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which the defendant's liability is based solely on that section. |
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SECTION 5. 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 6. This Act takes effect September 1, 2021. |