Bill Text: TX HB4 | 2013 | 83rd Legislature 2nd Special Session | Introduced
Bill Title: Relating to the punishment for a capital felony committed by an individual younger than 18 years of age.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Introduced - Dead) 2013-07-11 - Laid on the table subject to call [HB4 Detail]
Download: Texas-2013-HB4-Introduced.html
| By: Kolkhorst | H.B. No. 4 | |
|
|
||
|
|
||
| relating to the punishment for a capital felony committed by an | ||
| individual younger than 18 years of age. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 12.31, Penal Code, is amended to read as | ||
| follows: | ||
| Sec. 12.31. CAPITAL FELONY. (a) An individual adjudged | ||
| guilty of a capital felony in a case in which the state seeks the | ||
| death penalty shall be punished by imprisonment in the Texas | ||
| Department of Criminal Justice for life without parole or by death. | ||
| An individual adjudged guilty of a capital felony in a case in which | ||
| the state does not seek the death penalty shall be punished by | ||
| imprisonment in the Texas Department of Criminal Justice for: | ||
| (1) life, if the individual committed the offense when | ||
| younger than 18 years of age [ |
||
|
|
||
| (2) life without parole, if the individual committed | ||
| the offense when 18 years of age or older. | ||
| (b) In a capital felony trial in which the state seeks the | ||
| death penalty, prospective jurors shall be informed that a sentence | ||
| of life imprisonment without parole or death is mandatory on | ||
| conviction of a capital felony. In a capital felony trial in which | ||
| the state does not seek the death penalty, prospective jurors shall | ||
| be informed that the state is not seeking the death penalty and | ||
| that: | ||
| (1) a sentence of life imprisonment is mandatory on | ||
| conviction of the capital felony, if the individual committed the | ||
| offense when younger than 18 years of age [ |
||
|
|
||
| (2) a sentence of life imprisonment without parole is | ||
| mandatory on conviction of the capital felony, if the individual | ||
| committed the offense when 18 years of age or older. | ||
| SECTION 2. Section 1, Article 37.071, Code of Criminal | ||
| Procedure, is amended to read as follows: | ||
| Sec. 1. 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. | ||
| SECTION 3. The change in law made by this Act: | ||
| (1) applies to a criminal action pending, on appeal, | ||
| or commenced on or after the effective date of this Act, regardless | ||
| of whether the criminal action is based on an offense committed | ||
| before, on, or after that date; and | ||
| (2) does not affect a final conviction that exists on | ||
| the effective date of this Act. | ||
| SECTION 4. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect on the 91st day after the last day of the | ||
| legislative session. | ||
