88R3772 CJD-D
 
  By: Wu H.B. No. 1362
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the punishment for a capital felony committed by an
  individual younger than 21 years of age.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 8.07(c), Penal Code, is amended to read
  as follows:
         (c)  No person may, in any case, be punished by death for an
  offense committed while the person was younger than 21 [18] years.
         SECTION 2.  Section 12.31, Penal Code, is amended to read as
  follows:
         Sec. 12.31.  CAPITAL FELONY.  (a)  An individual adjudged
  guilty of a capital felony in a case in which the state seeks the
  death penalty shall be punished by imprisonment in the Texas
  Department of Criminal Justice for life without parole or by
  death.  An individual adjudged guilty of a capital felony in a case
  in which the state does not seek the death penalty shall be punished
  by imprisonment in the Texas Department of Criminal Justice for:
               (1)  life, if the individual committed the offense when
  younger than 21 [18] years of age; or
               (2)  life without parole, if the individual committed
  the offense when 21 [18] years of age or older.
         (b)  In a capital felony trial in which the state seeks the
  death penalty, prospective jurors shall be informed that a sentence
  of life imprisonment without parole or death is mandatory on
  conviction of a capital felony.  In a capital felony trial in which
  the state does not seek the death penalty, prospective jurors shall
  be informed that the state is not seeking the death penalty and
  that:
               (1)  a sentence of life imprisonment is mandatory on
  conviction of the capital felony, if the individual committed the
  offense when younger than 21 [18] years of age; or
               (2)  a sentence of life imprisonment without parole is
  mandatory on conviction of the capital felony, if the individual
  committed the offense when 21 [18] years of age or older.
         SECTION 3.  The change in law made by this Act:
               (1)  applies to a criminal action pending, on appeal,
  or commenced on or after the effective date of this Act, regardless
  of whether the criminal action is based on an offense committed
  before, on, or after the effective date of this Act; and
               (2)  does not affect a final conviction that exists on
  the effective date of this Act.
         SECTION 4.  This Act takes effect September 1, 2023.