Bill Text: TX HB3054 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to certain sentencing procedures in a capital case.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2017-05-06 - Committee report sent to Calendars [HB3054 Detail]
Download: Texas-2017-HB3054-Introduced.html
Bill Title: Relating to certain sentencing procedures in a capital case.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2017-05-06 - Committee report sent to Calendars [HB3054 Detail]
Download: Texas-2017-HB3054-Introduced.html
85R2194 MEW-F | ||
By: Herrero | H.B. No. 3054 |
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relating to certain sentencing procedures in a capital case. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2(a)(1), Article 37.071, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
(1) If a defendant is tried for a capital offense in | ||
which the state seeks the death penalty, on a finding that the | ||
defendant is guilty of a capital offense, the court shall conduct a | ||
separate sentencing proceeding to determine whether the defendant | ||
shall be sentenced to death or life imprisonment without | ||
parole. The proceeding shall be conducted in the trial court and, | ||
except as provided by Article 44.29(c) [ |
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trial jury as soon as practicable. In the proceeding, evidence may | ||
be presented by the state and the defendant or the defendant's | ||
counsel as to any matter that the court deems relevant to sentence, | ||
including evidence of the defendant's background or character or | ||
the circumstances of the offense that mitigates against the | ||
imposition of the death penalty. This subdivision shall not be | ||
construed to authorize the introduction of any evidence secured in | ||
violation of the Constitution of the United States or of the State | ||
of Texas. The state and the defendant or the defendant's counsel | ||
shall be permitted to present argument for or against sentence of | ||
death. The introduction of evidence of extraneous conduct is | ||
governed by the notice requirements of Section 3(g), Article | ||
37.07. [ |
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SECTION 2. Section 2(d), Article 37.071, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(d) The court shall charge the jury that: | ||
(1) in deliberating on the issues submitted under | ||
Subsection (b) [ |
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evidence admitted at the guilt or innocence stage and the | ||
punishment stage, including evidence of the defendant's background | ||
or character or the circumstances of the offense that militates for | ||
or mitigates against the imposition of the death penalty; | ||
(2) the jury [ |
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under Subsection (b) [ |
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agrees unanimously [ |
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(3) members of the jury need not agree on what | ||
particular evidence supports a negative answer to any issue | ||
submitted under Subsection (b) [ |
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SECTION 3. Section 2(f), Article 37.071, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(f) The court shall charge the jury that in answering the | ||
issue submitted under Subsection (e) [ |
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(1) shall answer the issue "yes" or "no"; | ||
(2) may not answer the issue "no" unless the jury [ |
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agrees unanimously [ |
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(3) need not agree on what particular evidence | ||
supports an affirmative finding on the issue; and | ||
(4) shall consider mitigating evidence to be evidence | ||
that a juror might regard as reducing the defendant's moral | ||
blameworthiness. | ||
SECTION 4. The change in law made by this Act applies only | ||
to a criminal proceeding that commences on or after the effective | ||
date of this Act. A criminal proceeding that commenced before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the proceeding commenced, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 5. This Act takes effect September 1, 2017. |