Bill Text: TX SB1083 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the punishment for a capital felony committed by an individual younger than 18 years of age; changing parole eligibility.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-16 - Referred to Criminal Justice [SB1083 Detail]
Download: Texas-2015-SB1083-Introduced.html
By: Rodriguez | S.B. No. 1083 | |
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relating to the punishment for a capital felony committed by an | ||
individual younger than 18 years of age; changing parole | ||
eligibility. | ||
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 [ |
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(1) for life or for a term of not more than 99 years or | ||
less than 5 years [ |
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when younger than 18 years of age; or | ||
(2) for 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 [ |
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or for a term of not more than 99 years or less than 5 years is | ||
mandatory on conviction of a capital felony, if the individual | ||
committed the offense when younger than 18 years of age; or | ||
(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 12.42, Penal Code, is amended by adding | ||
Subsection (e) to read as follows: | ||
(e) For purposes of this section, a person convicted of a | ||
capital felony who is punished by imprisonment for a term of not | ||
more than 99 years or less than 5 years is considered to have been | ||
convicted of a felony of the first degree. | ||
SECTION 3. Articles 1.13(a) and (b), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(a) Subject to Subsection (b), the [ |
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criminal prosecution for any offense, other than a capital felony | ||
case in which the state notifies the court and the defendant that it | ||
will seek the death penalty or a capital felony case described by | ||
Section 12.31(a)(2), Penal Code, shall have the right, upon | ||
entering a plea, to waive the right of trial by jury, conditioned, | ||
however, that, except as provided by Article 27.19, the waiver must | ||
be made in person by the defendant in writing in open court with the | ||
consent and approval of the court, and the attorney representing | ||
the state. The consent and approval by the court shall be entered | ||
of record on the minutes of the court, and the consent and approval | ||
of the attorney representing the state shall be in writing, signed | ||
by that attorney, and filed in the papers of the cause before the | ||
defendant enters the defendant's plea. | ||
(b) In a capital felony case described by Section | ||
12.31(a)(1), Penal Code [ |
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in writing and in open court. | ||
SECTION 4. Section 1, Article 37.071, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Sec. 1. (a)(1) If a defendant is found guilty in a capital | ||
felony case in which the state does not seek the death penalty, the | ||
defendant [ |
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described [ |
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(2) The judge shall impose a sentence of imprisonment | ||
in the Texas Department of Criminal Justice for life without parole | ||
on a defendant who was 18 years of age or older at the time the | ||
capital felony was committed. | ||
(3) The judge or jury shall impose a sentence of | ||
imprisonment in the Texas Department of Criminal Justice for a term | ||
of life or for not more than 99 years or less than 5 years on a | ||
defendant who was younger than 18 years of age at the time the | ||
capital felony was committed. | ||
(b) For purposes of assessing punishment under Subsection | ||
(a)(3), the court shall conduct a separate sentencing proceeding in | ||
the trial court and before the trial jury as soon as practicable. | ||
In the proceeding, the defendant or the defendant's counsel is | ||
entitled to present evidence tending to diminish defendant's | ||
culpability or tending to show the defendant's capacity for | ||
rehabilitation such as the following information about the | ||
defendant: | ||
(1) age at the time of the offense; | ||
(2) developmental stage at the time of the offense; | ||
(3) family and community environment; | ||
(4) ability to appreciate the risks and consequences | ||
of the conduct; | ||
(5) intellectual capacity; | ||
(6) the outcome of a comprehensive mental health | ||
evaluation that is conducted by a disinterested expert, such as a | ||
psychiatrist or psychologist, who is qualified by education and | ||
clinical training in adolescent mental health issues and includes; | ||
(A) family interviews; | ||
(B) family history; | ||
(C) prenatal history; | ||
(D) developmental history; | ||
(E) medical history; | ||
(F) history of treatment for substance use; | ||
(G) social history; and | ||
(H) a psychological evaluation; | ||
(7) peer or familial pressure; | ||
(8) level of participation in the offense; | ||
(9) inability to effectively communicate with defense | ||
counsel or to participate meaningfully in the defense of the case; | ||
(10) capacity for rehabilitation; | ||
(11) school records and special education | ||
evaluations; | ||
(12) trauma history; | ||
(13) faith and community involvement; | ||
(14) involvement in the child welfare system; and | ||
(15) any other mitigating factor or circumstance. | ||
(d) This section may not be construed to authorize the | ||
introduction of any evidence secured in violation of the United | ||
States Constitution or the Texas Constitution. The court shall | ||
permit the state and the defendant or the defendant's counsel to | ||
present arguments relevant to sentencing. The introduction of | ||
evidence of extraneous conduct is governed by the notice | ||
requirements of Section 3(g), Article 37.07. | ||
SECTION 5. Section 508.145(b), Government Code, is amended | ||
to read as follows: | ||
(b)(1) An inmate serving a [ |
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for a term of not more than 99 years or less than 5 years under | ||
Section 12.31(a)(1), Penal Code, for a capital felony is not | ||
eligible for release on parole until the actual calendar time the | ||
inmate has served, without consideration of good conduct time, | ||
equals one-half of the sentence or 25 [ |
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whichever is less. | ||
(2) An inmate serving a sentence of imprisonment for life | ||
under Section 12.31(a)(1), Penal Code, for a capital felony is not | ||
eligible for release on parole until the actual calendar time the | ||
inmate has served, without consideration of good conduct time, | ||
equals 25 calendar years. | ||
SECTION 6. (a) Except as provided by Subsection (b) of | ||
this section, the change in law made by this Act applies to: | ||
(1) a criminal action for which a final conviction | ||
exists on the effective date of this Act if the defendant is serving | ||
a sentence of life or a sentence of life without parole for the | ||
offense and was younger than 18 years of age at the time the offense | ||
was committed; and | ||
(2) any other criminal action that is 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. | ||
(b) The change in law made by this Act in adding Section | ||
12.42(e), Penal Code, applies only to an offense committed on or | ||
after the effective date of this Act. An offense committed before | ||
the effective date of this Act is governed by the law in effect when | ||
the offense was committed, and the former law is continued in effect | ||
for that purpose. For purposes of this subsection, an offense was | ||
committed before the effective date of this Act if any element of | ||
the offense occurred before that date. | ||
SECTION 7. 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 September 1, 2015. |