BILL ANALYSIS

Senate Research Center	S.B. 990
89R2305 AJZ-D	By: Bettencourt
	Criminal Justice
	2/14/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

In June of 2024, Harris County 12-year-old Jocelyn Nungaray's life was taken from her by the hands of two illegal immigrants from Venezuela. Under current statute, Jocelyn's offenders could only be tried with first-degree murder. Authorities later found that Jocelyn additionally incurred aggravated sexual assault and it was this that allowed prosecutors to pursue capital murder.

S.B. 990 would amend the capital murder statute to allow the murder of a 10 to 15-year-old to be tried as capital murder, eligible for the death penalty. By expanding the scope of penalties for criminals convicted of murdering 10 to 15-year-olds, law enforcement and prosecutors have another tool to deter this crime and subsequently increase children's safety.

S.B. 990 amends current law relating to the expansion of the punishment for certain conduct constituting the offense of murder.

As proposed, S.B. 990 amends current law relating to increasing the punishment for certain conduct constituting the offense of murder.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 19.03(a), Penal Code, as follows:

(a) Provides that a person commits an offense if the person commits murder as defined under Section 19.02(b)(1) (relating to providing that a person commits an offense if the person intentionally or knowingly causes the death of an individual) and if the person commits certain acts, including if the person murders an individual under 15, rather than 10, years of age.

Deletes existing text providing that a person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and if the person commits certain acts, including if the person murders an individual under 10 years of age or the person murders an individual 10 years of age or older but younger than 15 years of age. Makes nonsubstantive changes.

SECTION 2. Repealer: Section 1(b) (relating to prohibiting a defendant who is found guilty of certain offenses from being sentenced to death), Article 39.071 (Procedure in Capital Case), Code of Criminal Procedure.

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 2025.