Bill Text: TX HB2511 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the joint or separate prosecution of a capital felony charged against two or more defendants and the extent of a defendant's criminal responsibility for the conduct of a coconspirator in capital felony cases.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-29 - Left pending in committee [HB2511 Detail]
Download: Texas-2011-HB2511-Introduced.html
82R10775 MAW-D | ||
By: Dutton | H.B. No. 2511 |
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relating to the joint or separate prosecution of a capital felony | ||
charged against two or more defendants and the extent of a | ||
defendant's criminal responsibility for the conduct of a | ||
coconspirator in capital felony cases. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 36.09, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 36.09. SEVERANCE ON SEPARATE INDICTMENTS. (a) Two or | ||
more defendants who are jointly or separately indicted or | ||
complained against for the same offense or any offense growing out | ||
of the same transaction may be, in the discretion of the court, | ||
tried jointly or separately as to one or more defendants; provided | ||
that in any event either defendant may testify for the other or on | ||
behalf of the state; and provided further, that in cases in which, | ||
upon timely motion to sever, and evidence introduced thereon, it is | ||
made known to the court that there is a previous admissible | ||
conviction against one defendant or that a joint trial would be | ||
prejudicial to any defendant, the court shall order a severance as | ||
to the defendant whose joint trial would prejudice the other | ||
defendant or defendants. | ||
(b) Notwithstanding Subsection (a), the court may not join | ||
two or more defendants in the same criminal trial if any defendant | ||
to be tried is indicted or complained against for a capital felony, | ||
and the court shall order a severance as to any two or more | ||
defendants who are jointly indicted or complained against for a | ||
capital felony. | ||
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 to life imprisonment without | ||
parole. | ||
(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 | ||
section. | ||
SECTION 3. 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 | ||
section. | ||
SECTION 4. Article 36.09, Code of Criminal Procedure, as | ||
amended by this Act, applies only to a trial commenced in a criminal | ||
case on or after the effective date of this Act. A trial commenced | ||
before the effective date of this Act is governed by the law in | ||
effect when the trial commenced, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 5. Section 1, Article 37.071, and Section 2, | ||
Article 37.0711, Code of Criminal Procedure, as amended by this | ||
Act, apply only to the sentence imposed in a criminal proceeding | ||
that commences on or after the effective date of this Act. The | ||
sentence imposed in a criminal proceeding that commenced 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 6. This Act takes effect September 1, 2011. |