By: Leach, Thompson of Harris, Dutton, H.B. No. 1340
      Smithee, Collier, et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the extent of a defendant's criminal responsibility for
  the conduct of a coconspirator in a capital murder case and the
  review of certain convictions by the Board of Pardons and Paroles.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2(b), Article 37.071, Code of Criminal
  Procedure, is amended to read as follows:
         (b)  On conclusion of the presentation of the evidence, the
  court shall submit the following issues to the jury:
               (1)  whether there is a probability that the defendant
  would commit criminal acts of violence that would constitute a
  continuing threat to society; and
               (2)  in cases in which the jury charge at the guilt or
  innocence stage permitted the jury to find the defendant guilty as a
  party under Sections 7.01 and 7.02, Penal Code, whether the
  defendant actually caused the death of the deceased or did not
  actually cause the death of the deceased but intended to kill the
  deceased or another [or anticipated that a human life would be
  taken].
         SECTION 2.  Section 7.02(b), Penal Code, is amended to read
  as follows:
         (b)  If, in the attempt to carry out a conspiracy to commit
  one felony, another felony is committed by one of the conspirators,
  all conspirators are guilty of the felony actually committed,
  though having no intent to commit it, provided that [if] the offense
  was committed in furtherance of the unlawful purpose and was one
  that should have been anticipated as a result of the carrying out of
  the conspiracy.  This subsection does not apply to the prosecution
  of the offense of capital murder.
         SECTION 3.  Subchapter A, Chapter 7, Penal Code, is amended
  by adding Section 7.021 to read as follows:
         Sec. 7.021.  CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER
  CONSPIRATOR IN CAPITAL MURDER CASES. (a)  If, in the attempt to
  carry out a conspiracy to commit one felony, a capital murder is
  committed by one of the conspirators, a conspirator is guilty of the
  capital murder, though having no intent to commit it, provided
  that:
               (1)  the conspirator is a major participant in the
  conspiracy; 
               (2)  in attempting to carry out the conspiracy, the
  conspirator acts with reckless indifference to human life; and
               (3)  the capital murder was committed in furtherance of
  the unlawful purpose of the conspiracy.
         (b)  For purposes of Subsection (a):
               (1)  a conspirator is a major participant if the
  conspirator plans, organizes, directs, or otherwise substantially
  participates in the specific conduct that results in the death of a
  victim; and
               (2)  a conspirator acts with reckless indifference to
  human life if the conspirator is aware of but consciously
  disregards a substantial and unjustifiable risk that another
  conspirator intends to commit an act that is clearly dangerous to
  human life.
         SECTION 4.  Not later than January 1, 2022, the Board of
  Pardons and Paroles shall review the criminal conviction of each
  inmate who is serving a sentence of death and found guilty only as a
  party under Section 7.02(b), Penal Code, to identify appropriate
  inmates to recommend to the governor for purposes of granting
  clemency.
         SECTION 5.  The change in law made by this Act applies only
  to the prosecution of an offense committed on or after the effective
  date of this Act. The prosecution of 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 6.  This Act takes effect September 1, 2021.