Bill Text: TX HB3938 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the consideration of the views of a close relative of a deceased victim regarding the imposition of the death penalty in a capital case.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-15 - Left pending in committee [HB3938 Detail]
Download: Texas-2019-HB3938-Introduced.html
86R5863 MAW-D | ||
By: Moody | H.B. No. 3938 |
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relating to the consideration of the views of a close relative of a | ||
deceased victim regarding the imposition of the death penalty 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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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 considers [ |
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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 and evidence of the | ||
views of a close relative of a deceased victim, as defined by | ||
Article 56.01, regarding the imposition of the death penalty in the | ||
case. This subdivision does [ |
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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. The court, the | ||
attorney representing the state, the defendant, or the defendant's | ||
counsel may not inform a juror or a prospective juror of the effect | ||
of a failure of a jury to agree on issues submitted under Subsection | ||
(c) or (e). | ||
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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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 and evidence of the | ||
views of a close relative of a deceased victim, as defined by | ||
Article 56.01, regarding the imposition of the death penalty in the | ||
case; | ||
(2) it may not answer any issue submitted under | ||
Subsection (b) of this article "yes" unless it agrees unanimously | ||
and it may not answer any issue "no" unless 10 or more jurors agree; | ||
and | ||
(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(e)(1), Article 37.071, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
(1) The court shall instruct the jury that if the jury | ||
returns an affirmative finding to each issue submitted under | ||
Subsection (b), 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, [ |
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the defendant, and the views of a close relative of a deceased | ||
victim, as defined by Article 56.01, regarding the imposition of | ||
the death penalty in the case, there is a sufficient mitigating | ||
circumstance or circumstances to warrant that a sentence of life | ||
imprisonment without parole rather than a death sentence be | ||
imposed. | ||
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 September 1, 2019. |