Below are some bills filed on the first day of pre-filing
On Monday, November 8, 2004, prefiling for the 79th Legislature Regular
Session began. At this time, legislators may begin filing of bills and other
proposed legislation prior to the convening of the 79th Legislative Session
on January 11, 2005. There will be new bills added every day, depending on
how much each legislator's staff is caught up on work. There is no
particular benefit to pre-filing, except a higher bill number. You can check
new bills by following the link below and then clicking New Bill Text.
http://www.capitol.state.tx.us/tlo/legislation/legislation.htm
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79R401 EMT-F
By: McClendon H.B. No. 61
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for a capital felony committed by a
person who is younger than 18 years of age at the time of committing
the felony.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 8.07(c), Penal Code, is amended to read
as follows:
(c) No person may, in any case, be punished by death for an
offense committed while the person [he] was younger than 18 [17]
years.
SECTION 2. 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, 2005.
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79R222 BDH-D
By: Keel H.B. No. 48
A BILL TO BE ENTITLED
AN ACT
relating to disposal of an exhibit in a capital case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.21, Code of Criminal Procedure, is
amended by amending Subsections (e)-(j) and adding Subsection (g-1)
to read as follows:
(e) An eligible exhibit may be disposed of as provided by
this article:
(1) on or after the first anniversary of the date on
which a conviction becomes final in the case, if the case is a
misdemeanor or a felony for which the sentence imposed by the court
is five years or less; [or]
(2) on or after the second anniversary of the date on
which a conviction becomes final in the case, if the case is a
non-capital felony for which the sentence imposed by the court is
greater than five years; or
(3) on or after the fifth anniversary of the death of a
defendant, if the case is a capital felony for which the sentence
imposed by the court is death.
(f) A clerk in a county with a population of 1.7 million or
more may dispose of an eligible exhibit described by Subsection
(e)(1) or (2) on the date provided by Subsection (e) [of this
article] if on that date the clerk has not received a request for
the exhibit from either the attorney representing the state in the
case or the attorney representing the defendant. Disposal of an
exhibit described by Subsection (e)(3) is governed by Subsection
(g-1).
(g) A clerk in a county with a population of less than 1.7
million must provide written notice by mail to the attorney
representing the state in the case and the attorney representing
the defendant before disposing of an eligible exhibit described by
Subsection (e)(1) or (2).
(g-1) Each clerk must provide written notice by mail to the
attorney representing the state in the case and the attorney of last
record representing the defendant before disposing of an eligible
exhibit described by Subsection (e)(3).
(h) The notice under Subsections [Subsection] (g) and (g-1)
[of this article] must:
(1) describe the eligible exhibit;
(2) give the name and address of the court holding the
exhibit; and
(3) state that the eligible exhibit will be disposed
of unless a written request is received by the clerk before the 31st
day after the date of notice.
(i) If a request is not received by a clerk covered by
Subsection (g) or (g-1) [of this article] before the 31st day after
the date of notice, the clerk may dispose of the eligible exhibit.
(j) If a request is timely received, the clerk shall:
(1) deliver the eligible exhibit to the person making
the request if the court determines the requestor is the owner of
the eligible exhibit; or
(2) for an eligible exhibit described by Subsection
(e)(3), retain the exhibit if either the attorney representing the
state in the case or the attorney of last record representing the
defendant objects to disposal of the exhibit.
SECTION 2. 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, 2005.
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79R400 EMT-F
By: McClendon H.B. No. 66
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for a capital offense.
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
institutional division for life, 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 institutional division for life or for life
without parole.
(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, 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 a sentence of life imprisonment or life
imprisonment without parole is mandatory on conviction of the
capital felony.
SECTION 2. Section 508.046, Government Code, is amended to
read as follows:
Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. To release on
parole an inmate who was convicted of a capital felony punishable by
imprisonment for life or an offense under Section 21.11(a)(1) or
22.021, Penal Code, or who is required under Section 508.145(c) to
serve 35 calendar years before becoming eligible for release on
parole, all members of the board must vote on the release on parole
of the inmate, and at least two-thirds of the members must vote in
favor of the release on parole. A member of the board may not vote
on the release unless the member first receives a copy of a written
report from the department on the probability that the inmate would
commit an offense after being released on parole.
SECTION 3. Section 508.145(a), Government Code, is amended
to read as follows:
(a) An inmate under sentence of death or serving a sentence
of life imprisonment without parole is not eligible for release on
parole.
SECTION 4. 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 charge and instruct the jury as provided by Section 2(e)
[sentence the defendant to life imprisonment].
SECTION 5. Section 2(e), Article 37.071, Code of Criminal
Procedure, is amended to read as follows:
(e)(1) The court shall instruct the jury that if the jury
returns an affirmative finding to each issue submitted under
Subsection (b) [of this article], it shall answer the following
issue:
Whether, taking into consideration all of the evidence,
including the circumstances of the offense, the defendant's
character and background, and the personal moral culpability of the
defendant, there is a sufficient mitigating circumstance or
circumstances to warrant that a sentence of life imprisonment or
life imprisonment without parole rather than a death sentence be
imposed.
(2) The court shall instruct the jury that if the jury
returns a negative finding on an issue submitted under Subsection
(b), is unable to answer an issue under Subsection (b), or returns
an affirmative finding on the issue submitted under Subdivision
(1), the jury, taking into account all the evidence described by
Subdivision (1), shall also answer the issue as to whether the
defendant should be sentenced to life imprisonment rather than life
imprisonment without parole. The court shall further charge the
jury that a defendant sentenced to confinement for life without
parole under this article is ineligible for release from the
department on parole or mandatory supervision and that a defendant
sentenced to confinement for life under this article is ineligible
for release from the department on mandatory supervision and is
ineligible for release on parole until the defendant's actual
calendar time served, without consideration of good conduct time,
equals 40 years. [The court, on the written request of the attorney
representing the defendant, shall:
[(A) instruct the jury that if the jury answers
that a circumstance or circumstances warrant that a sentence of
life imprisonment rather than a death sentence be imposed, the
court will sentence the defendant to imprisonment in the
institutional division of the Texas Department of Criminal Justice
for life; and
[(B) charge the jury in writing as follows:
["Under the law applicable in this case, if the defendant is
sentenced to imprisonment in the institutional division of the
Texas Department of Criminal Justice for life, the defendant will
become eligible for release on parole, but not until the actual time
served by the defendant equals 40 years, without consideration of
any good conduct time. It cannot accurately be predicted how the
parole laws might be applied to this defendant if the defendant is
sentenced to a term of imprisonment for life because the
application of those laws will depend on decisions made by prison
and parole authorities, but eligibility for parole does not
guarantee that parole will be granted."]
SECTION 6. Section 2(g), Article 37.071, Code of Criminal
Procedure, is amended to read as follows:
(g) If the jury returns an affirmative finding on each issue
submitted under Subsection (b) [of this article] and a negative
finding on an issue submitted under Subsection (e)(1) [of this
article], the court shall sentence the defendant to death. If the
jury returns a negative finding on any issue submitted under
Subsection (b) and [of this article or] an affirmative finding on an
issue submitted under Subsection (e)(2) [of this article] or is
unable to answer any issue submitted under Subsection (b) or (e) [of
this article], the court shall sentence the defendant to
confinement in the institutional division of the Texas Department
of Criminal Justice for life. If the jury returns a negative
finding under Subsection (e)(2), the court shall sentence the
defendant to life imprisonment without parole.
SECTION 7. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before the effective date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2005.
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79R826 EMT-D
By: Naishtat H.J.R. No. 14
A JOINT RESOLUTION
proposing a constitutional amendment relating to a moratorium on
the execution of persons convicted of capital offenses.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11, Article IV, Texas Constitution, is
amended by adding Subsection (c) to read as follows:
(c) The Governor may issue an order prohibiting the Texas
Department of Criminal Justice from performing executions on and
after the effective date of the order and until the order is
revoked, either by the Governor issuing the order or by a successor
to the Governor issuing the order.
SECTION 2. This proposed amendment shall be submitted to
the voters at an election to be held November 8, 2005. The ballot
shall be printed to permit voting for or against the proposition:
"The constitutional amendment authorizing a moratorium on the
execution of persons convicted of capital offenses."
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By: Lucio, Ellis, Hinojosa S.B. No. 60
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for a capital offense.
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
institutional division for life, 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 institutional division for life or for life
without parole.
(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, 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 a sentence of life imprisonment or life
imprisonment without parole is mandatory on conviction of the
capital felony.
SECTION 2. Section 508.046, Government Code, is amended to
read as follows:
Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. To release on
parole an inmate who was convicted of a capital felony punishable by
imprisonment for life or an offense under Section 21.11(a)(1) or
22.021, Penal Code, or who is required under Section 508.145(c) to
serve 35 calendar years before becoming eligible for release on
parole, all members of the board must vote on the release on parole
of the inmate, and at least two-thirds of the members must vote in
favor of the release on parole. A member of the board may not vote
on the release unless the member first receives a copy of a written
report from the department on the probability that the inmate would
commit an offense after being released on parole.
SECTION 3. Section 508.145(a), Government Code, is amended
to read as follows:
(a) An inmate under sentence of death or serving a sentence
of life imprisonment without parole is not eligible for release on
parole.
SECTION 4. Section 1, Article 37.071, Code of Criminal
Procedure, is amended to read as follows:
Sec. 1. (a) In a capital case in which the state does not
seek the death penalty, on a finding at trial that the defendant is
guilty of a capital offense, or on a plea of guilty or nolo
contendere by the defendant, the court shall conduct a separate
sentencing proceeding to determine whether the defendant shall be
sentenced to life imprisonment or life imprisonment without parole.
The proceeding shall be conducted in the trial court and before the
trial jury as soon as practicable, except that the court shall
empanel a new jury if required by Article 44.29(c) or if the
defendant has entered a plea of guilty or nolo contendere and
requested that a jury assess punishment. After a finding of guilty
is returned or after the defendant enters a plea of guilty or nolo
contendere, the defendant, with the consent of the attorney
representing the state, may change the defendant's election of who
assesses punishment. 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 considers relevant to sentence, in the same
manner as if the defendant were being sentenced in a noncapital
case. This subsection may 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.
(b) At the proceeding under this section, the court shall
instruct the jury that, after taking into account all the evidence
described by Subsection (a), the jury shall assess as punishment on
the defendant a sentence of life imprisonment in the institutional
division of the Texas Department of Criminal Justice or a sentence
of imprisonment in the institutional division for life without
parole. The court shall further charge the jury that a defendant
sentenced to imprisonment for life without parole under this
section is ineligible for release from the institutional division
on parole or mandatory supervision and that a defendant sentenced
to imprisonment for life is ineligible for release from the
institutional division on mandatory supervision and is ineligible
for release from the institutional division on parole until the
defendant's actual calendar time served, without consideration of
good conduct time, equals 40 years.
(c) If the jury assesses punishment as life imprisonment or
is unable to assess punishment, the court shall sentence the
defendant to life imprisonment in the institutional division of the
Texas Department of Criminal Justice. If the jury assesses
punishment as imprisonment for life without parole, the court shall
sentence the defendant to imprisonment in the institutional
division of the Texas Department of Criminal Justice for life
without parole. [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.]
SECTION 5. Section 2(e), Article 37.071, Code of Criminal
Procedure, is amended to read as follows:
(e)(1) The judge [court] shall instruct the jury that if the
jury returns an affirmative finding to each issue submitted under
Subsection (b) [of this article], it shall answer the following
issue:
Whether, taking into consideration all of the evidence,
including the circumstances of the offense, the defendant's
character and background, and the personal moral culpability of the
defendant, there is a sufficient mitigating circumstance or
circumstances to warrant that a sentence of life imprisonment or
life imprisonment without parole rather than a death sentence be
imposed.
(2) The judge shall instruct the jury that:
(A) if the jury returns an affirmative finding on
each issue submitted under Subsection (b) and a negative finding on
an issue submitted under Subdivision (1), the judge shall sentence
the defendant to death;
(B) if the jury returns an affirmative finding on
each issue submitted under Subsection (b) and returns an
affirmative finding on an issue submitted under Subdivision (1),
the judge shall sentence the defendant to life imprisonment without
parole; and
(C) if the jury returns a negative finding on an
issue submitted under Subsection (b), the judge shall sentence the
defendant to life imprisonment.
(3) The judge, after instructing the jury under
Subdivision (2), shall further charge the jury that a defendant
sentenced to imprisonment for life without parole under this
article is ineligible for release from the institutional division
on parole or mandatory supervision and that a defendant sentenced
to imprisonment for life under this article is ineligible for
release from the institutional division on mandatory supervision
and is ineligible for release from the institutional division on
parole until the defendant's actual calendar time served, without
consideration of good conduct time, equals 40 years. [The court, on
the written request of the attorney representing the defendant,
shall:
[(A) instruct the jury that if the jury answers
that a circumstance or circumstances warrant that a sentence of
life imprisonment rather than a death sentence be imposed, the
court will sentence the defendant to imprisonment in the
institutional division of the Texas Department of Criminal Justice
for life; and
[(B) charge the jury in writing as follows:
["Under the law applicable in this case, if the defendant is
sentenced to imprisonment in the institutional division of the
Texas Department of Criminal Justice for life, the defendant will
become eligible for release on parole, but not until the actual time
served by the defendant equals 40 years, without consideration of
any good conduct time. It cannot accurately be predicted how the
parole laws might be applied to this defendant if the defendant is
sentenced to a term of imprisonment for life because the
application of those laws will depend on decisions made by prison
and parole authorities, but eligibility for parole does not
guarantee that parole will be granted."]
SECTION 6. Section 2(g), Article 37.071, Code of Criminal
Procedure, is amended to read as follows:
(g) If the jury returns an affirmative finding on each issue
submitted under Subsection (b) [of this article] and a negative
finding on an issue submitted under Subsection (e)(1) [of this
article], the judge [court] shall sentence the defendant to death.
If the jury returns an affirmative finding on each issue submitted
under Subsection (b) and returns an affirmative finding on an issue
submitted under Subsection (e)(1) or is unable to answer an issue
submitted under Subsection (e)(1), the judge shall sentence the
defendant to imprisonment in the institutional division of the
Texas Department of Criminal Justice for life without parole. If
the jury returns a negative finding on any issue submitted under
Subsection (b) [of this article or an affirmative finding on an
issue submitted under Subsection (e) of this article] or is unable
to answer any issue submitted under Subsection (b) [or (e) of this
article], the judge [court] shall sentence the defendant to
imprisonment [confinement] in the institutional division [of the
Texas Department of Criminal Justice] for life.
SECTION 7. Article 44.29(c), Code of Criminal Procedure, is
amended to read as follows:
(c) If any court sets aside or invalidates the sentence of a
defendant convicted of an offense under Section 19.03, Penal Code,
[and sentenced to death] on the basis of any error affecting
punishment only, the court shall not set the conviction aside but
rather shall commence a new punishment hearing under Article 37.071
or Article 37.0711 of this code, as appropriate, as if a finding of
guilt had been returned. The court shall empanel a jury for the
sentencing stage of the trial in the same manner as a jury is to be
empaneled by the court in other trials before the court for offenses
under Section 19.03, Penal Code. At the new punishment hearing, the
court shall permit both the state and the defendant to introduce
evidence as permitted by Article 37.071 or Article 37.0711 of this
code.
SECTION 8. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before the effective date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 9. This Act takes effect September 1, 2003.
