Bill Text: TX HB253 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to the extent of a defendant's criminal responsibility for the conduct of a coconspirator in a capital murder case and the review of certain convictions by the Board of Pardons and Paroles.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2021-07-12 - Filed [HB253 Detail]
Download: Texas-2021-HB253-Introduced.html
| 87S10686 EAS-F | ||
| By: Leach | H.B. No. 253 | |
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| relating to the extent of a defendant's criminal responsibility for | ||
| the conduct of a coconspirator in a capital murder case and the | ||
| review of certain convictions by the Board of Pardons and Paroles. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 2(b), Article 37.071, Code of Criminal | ||
| Procedure, is amended to read as follows: | ||
| (b) On conclusion of the presentation of the evidence, the | ||
| court shall submit the following issues to the jury: | ||
| (1) whether there is a probability that the defendant | ||
| would commit criminal acts of violence that would constitute a | ||
| continuing threat to society; and | ||
| (2) in cases in which the jury charge at the guilt or | ||
| innocence stage permitted the jury to find the defendant guilty as a | ||
| party under Sections 7.01 and 7.02, Penal Code, whether the | ||
| defendant actually caused the death of the deceased or did not | ||
| actually cause the death of the deceased but intended to kill the | ||
| deceased or another [ |
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| SECTION 2. Section 7.02(b), Penal Code, is amended to read | ||
| as follows: | ||
| (b) If, in the attempt to carry out a conspiracy to commit | ||
| one felony, another felony is committed by one of the conspirators, | ||
| all conspirators are guilty of the felony actually committed, | ||
| though having no intent to commit it, provided that [ |
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| was committed in furtherance of the unlawful purpose and was one | ||
| that should have been anticipated as a result of the carrying out of | ||
| the conspiracy. This subsection does not apply to the prosecution | ||
| of the offense of capital murder. | ||
| SECTION 3. Subchapter A, Chapter 7, Penal Code, is amended | ||
| by adding Section 7.021 to read as follows: | ||
| Sec. 7.021. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER | ||
| CONSPIRATOR IN CAPITAL MURDER CASES. (a) If, in the attempt to | ||
| carry out a conspiracy to commit one felony, a capital murder is | ||
| committed by one of the conspirators, a conspirator is guilty of the | ||
| capital murder, though having no intent to commit it, provided | ||
| that: | ||
| (1) the conspirator is a major participant in the | ||
| conspiracy; | ||
| (2) in attempting to carry out the conspiracy, the | ||
| conspirator acts with reckless indifference to human life; and | ||
| (3) the capital murder was committed in furtherance of | ||
| the unlawful purpose of the conspiracy. | ||
| (b) For purposes of Subsection (a): | ||
| (1) a conspirator is a major participant if the | ||
| conspirator plans, organizes, directs, or otherwise substantially | ||
| participates in the specific conduct that results in the death of a | ||
| victim; and | ||
| (2) a conspirator acts with reckless indifference to | ||
| human life if the conspirator is aware of but consciously | ||
| disregards a substantial and unjustifiable risk that another | ||
| conspirator intends to commit an act that is clearly dangerous to | ||
| human life. | ||
| SECTION 4. Not later than April 1, 2022, the Board of | ||
| Pardons and Paroles shall review the criminal conviction of each | ||
| inmate who is serving a sentence of death and found guilty only as a | ||
| party under Section 7.02(b), Penal Code, to identify appropriate | ||
| inmates to recommend to the governor for purposes of granting | ||
| clemency. | ||
| SECTION 5. The change in law made by this Act applies only | ||
| to the prosecution of an offense committed on or after the effective | ||
| date of this Act. The prosecution of an offense committed before the | ||
| effective date of this Act is governed by the law in effect on the | ||
| date the offense was committed, and the former law is continued in | ||
| effect for that purpose. For purposes of this section, an offense | ||
| was committed before the effective date of this Act if any element | ||
| of the offense occurred before that date. | ||
| SECTION 6. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
