Bill Text: TX HB147 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the extent of a defendant's criminal responsibility for the conduct of a coconspirator in certain felony cases.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2017-04-17 - Left pending in committee [HB147 Detail]
Download: Texas-2017-HB147-Introduced.html
| 85R337 KJE-D | ||
| By: Dutton | H.B. No. 147 | |
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| relating to the extent of a defendant's criminal responsibility for | ||
| the conduct of a coconspirator in certain felony cases. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. 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 to life imprisonment or to life | ||
| imprisonment without parole as required by Section 12.31, Penal | ||
| Code. | ||
| (b) A defendant who is found guilty in a capital felony case | ||
| only as a party under Section 7.02(b), Penal Code, may not be | ||
| sentenced to death, and the state may not seek the death penalty in | ||
| any case in which the defendant's liability is based solely on that | ||
| subsection. | ||
| SECTION 2. Section 2, Article 37.0711, Code of Criminal | ||
| Procedure, is amended to read as follows: | ||
| Sec. 2. (a) If a defendant is found guilty in a case in | ||
| which the state does not seek the death penalty, the judge shall | ||
| sentence the defendant to life imprisonment. | ||
| (b) A defendant who is found guilty in a capital felony case | ||
| only as a party under Section 7.02(b), Penal Code, may not be | ||
| sentenced to death, and the state may not seek the death penalty in | ||
| any case in which the defendant's liability is based solely on that | ||
| subsection. | ||
| SECTION 3. The change in law made by this Act applies to a | ||
| criminal proceeding that commences on or after the effective date | ||
| of this Act. A criminal proceeding that commences before the | ||
| effective date of this Act is governed by the law in effect when the | ||
| proceeding commenced, and the former law is continued in effect for | ||
| that purpose. | ||
| SECTION 4. This Act takes effect September 1, 2017. | ||
