Bill Text: TX HB1362 | 2023-2024 | 88th Legislature | Introduced

Texas House Bill 1362

Introduced

Bill Title: Relating to the punishment for a capital felony committed by an individual younger than 21 years of age.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2023-03-28 - Left pending in committee [HB1362 Detail]

Download: Texas-2023-HB1362-Introduced.html

	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.