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A BILL TO BE ENTITLED
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AN ACT
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relating to the extent of a defendant's criminal responsibility for |
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the conduct of a co-conspirator in certain felony cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1, Article 37.071, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 1. (a) If a defendant is found guilty in a capital |
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felony case in which the state does not seek the death penalty, the |
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judge shall sentence the defendant to life imprisonment without |
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parole. |
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(b) A defendant who is found guilty in a capital felony case |
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only as a party under Section 7.02(b), Penal Code, may not be |
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sentenced to death, and the state may not seek the death penalty in |
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any case in which the defendant's liability is based solely on that |
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section. |
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SECTION 2. Section 2, Article 37.0711, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 2. (a) If a defendant is found guilty in a case in |
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which the state does not seek the death penalty, the judge shall |
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sentence the defendant to life imprisonment. |
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(b) A defendant who is found guilty in a capital felony case |
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only as a party under Section 7.02(b), Penal Code, may not be |
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sentenced to death, and the state may not seek the death penalty in |
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any case in which the defendant's liability is based solely on that |
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section. |
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SECTION 3. The change in law made by this Act applies to a |
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criminal proceeding that commences on or after the effective date |
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of this Act. A criminal proceeding that commences before the |
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effective date of this Act is governed by the law in effect when the |
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proceeding commenced, and the former law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |