Bill Text: TX HB4113 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the extent of a defendant's criminal responsibility for the conduct of a coconspirator in certain capital felony cases.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2019-03-25 - Referred to Criminal Jurisprudence [HB4113 Detail]
Download: Texas-2019-HB4113-Introduced.html
| 86R10122 KJE-F | ||
| By: Leach | H.B. No. 4113 | |
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| relating to the extent of a defendant's criminal responsibility for | ||
| the conduct of a coconspirator in certain capital felony cases. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. 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 or in | ||
| a capital felony case described by Subsection (b), the judge shall | ||
| sentence the defendant to life imprisonment or to life imprisonment | ||
| without parole as required by Section 12.31, Penal Code. | ||
| (b) A defendant who is found guilty in a capital felony case | ||
| in which the jury charge at the guilt or innocence stage permitted | ||
| the jury to find the defendant guilty as a party under Section | ||
| 7.02(b), Penal Code, may not be sentenced to death. | ||
| SECTION 2. 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 or in a case | ||
| described by Subsection (b), the judge shall sentence the defendant | ||
| to life imprisonment. | ||
| (b) A defendant who is found guilty in a capital felony case | ||
| in which the jury charge at the guilt or innocence stage permitted | ||
| the jury to find the defendant guilty as a party under Section | ||
| 7.02(b), Penal Code, may not be sentenced to death. | ||
| SECTION 3. The change in law made by this Act applies to a | ||
| criminal proceeding that commences on or after the effective date | ||
| of this Act. A criminal proceeding that commences 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 4. This Act takes effect September 1, 2019. | ||
