Bill Text: TX HB310 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to certain sentencing procedures in a capital case.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2017-08-02 - Left pending in committee [HB310 Detail]
Download: Texas-2017-HB310-Introduced.html
| 85S10726 MEW-F | ||
| By: Herrero | H.B. No. 310 | |
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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 December 1, 2017. | ||
