83S20027 KEL-D
	By: Canales	H.B. No. 10

	A BILL TO BE ENTITLED
	AN ACT
	relating to the punishment for a capital felony committed by an
	individual younger than 18 years of age.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  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)  for life, if the individual committed the offense
	when younger than 17 years of age [individual's case was
	transferred to the court under Section 54.02, Family Code];
	(2)  for life or for life without parole, if the
	individual committed the offense when 17 years of age; or
	(3)  for [(2)] life without parole, if the individual
	committed the offense when 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 17 years of age [case was transferred to
	the court under Section 54.02, Family Code];
	(2)  a sentence of either life imprisonment or life
	imprisonment without parole is mandatory on conviction of the
	capital felony, if the individual committed the offense when 17
	years of age; or
	(3) [(2)]  a sentence of life imprisonment without
	parole is mandatory on conviction of the capital felony, if the
	individual committed the offense when 18 years of age or older.
	SECTION 2.  Section 1, Article 37.071, Code of Criminal
	Procedure, is amended to read as follows:
	Sec. 1.  (a) If a defendant is found guilty in a capital
	felony case in which the state does not seek the death penalty, the
	[judge shall sentence the] defendant shall be sentenced to
	imprisonment for life or for life [imprisonment] without parole as
	described by this section and by Section 12.31, Penal Code.
	(b)  The judge shall impose a sentence of imprisonment in the
	Texas Department of Criminal Justice for life without parole with
	respect to a defendant who was 18 years of age or older at the time
	the capital felony was committed.
	(c)  The judge shall impose a sentence of imprisonment in the
	Texas Department of Criminal Justice for life with respect to a
	defendant who was younger than 17 years of age at the time the
	capital felony was committed.
	(d)(1)  The judge or jury shall impose a sentence of
	imprisonment in the Texas Department of Criminal Justice for life
	or for life without parole with respect to a defendant who was 17
	years of age at the time the capital felony was committed.
	Notwithstanding the exception language provided by Section 2(b),
	Article 37.07, the determination of who will assess punishment
	under this subsection is governed by Section 2(b), Article 37.07.
	(2)  Evidence may be offered by the state and the
	defendant as to any matter the court considers relevant to the
	sentence, as governed by Section 3, Article 37.07, including
	evidence of the defendant's background or character and evidence of
	the circumstances of the offense. In determining the appropriate
	sentence, the judge or jury shall consider any relevant mitigating
	factor or circumstance, including any factor or circumstance that
	may have contributed to the commission of the offense and any other
	factor or circumstance described by this subdivision. The
	defendant or the defendant's counsel may submit mitigating factors
	or circumstances to the court, including any of the following
	information about the defendant:
	(A)  age at the time of the offense;
	(B)  developmental stage at the time of the
	offense;
	(C)  family and community environment;
	(D)  ability to appreciate the risks and
	consequences of the conduct;
	(E)  intellectual capacity;
	(F)  the outcomes of the comprehensive mental
	health evaluation described by Subdivision (3);
	(G)  peer or familial pressure;
	(H)  level of participation in the offense;
	(I)  ability to participate meaningfully in the
	defense of the case;
	(J)  capacity for rehabilitation;
	(K)  school records and special education
	evaluations;
	(L)  trauma history;
	(M)  faith and community involvement;
	(N)  involvement in the child welfare system; and
	(O)  any other mitigating factor or circumstance.
	(3)  At the defendant's request following the
	adjudication of guilt, a mental health professional licensed in
	this state and specializing in adolescent mental health issues
	shall conduct a comprehensive mental health evaluation. The court
	shall consider the outcomes of the evaluation in determining the
	appropriate sentence under this subsection. The comprehensive
	mental health evaluation must include:
	(A)  family interviews;
	(B)  family history;
	(C)  prenatal history;
	(D)  developmental history;
	(E)  medical history;
	(F)  history of treatment for substance use;
	(G)  social history; and
	(H)  a psychological evaluation.
	(4)  The defendant or the defendant's counsel may also
	submit to the court for consideration as a mitigating factor or
	circumstance research about adolescent brain development and its
	impact on adolescent behavior and capacity for rehabilitation.
	(5)  If the punishment is to be assessed by the jury
	rather than the judge, the judge shall charge the jury in writing as
	follows:
	"Under the law applicable in this case, a defendant
	sentenced to imprisonment for life without parole is ineligible for
	release on parole from the Texas Department of Criminal Justice.
	"It is possible that any other sentence of imprisonment
	for life might be reduced by the award of parole. However, the
	defendant will not become eligible for parole until the actual time
	served equals 30 years, without consideration of good conduct time,
	and the eligibility for parole does not guarantee that parole will
	be granted.
	"It cannot accurately be predicted how the parole law
	might be applied to this defendant if the defendant is sentenced to
	life imprisonment, because the application of this law will depend
	on decisions made by prison and parole authorities.
	"You may consider the existence of the parole law.
	However, you are not to consider the manner in which the parole law
	may be applied to this particular defendant."
	(6)  Subdivision (5) does not permit the introduction
	of evidence on the operation of parole laws.
	SECTION 3.  Section 508.145(b), Government Code, is amended
	to read as follows:
	(b)  An inmate serving a life sentence under Section
	12.31(a)(1) or (2), Penal Code, for a capital felony is not eligible
	for release on parole until the actual calendar time the inmate has
	served, without consideration of good conduct time, equals 30 [40]
	calendar years.
	SECTION 4.  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 that date; and
	(2)  does not affect a final conviction that exists on
	the effective date of this Act.
	SECTION 5.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect on the 91st day after the last day of the
	legislative session.