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