83R902 GCB-D
	By: Dutton	H.B. No. 164

	A BILL TO BE ENTITLED
	AN ACT
	relating to abolishing the death penalty.
	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 for:
	(1)  life, if the individual's case was transferred to
	the court under Section 54.02, Family Code; or
	(2)  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 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 life imprisonment is mandatory on
	conviction of the capital felony, if the case was transferred to the
	court under Section 54.02, Family Code; or
	(2)  a sentence of life imprisonment without parole is
	mandatory on conviction of the capital felony.
	SECTION 2.  Article 1.13(a), Code of Criminal Procedure, is
	amended to read as follows:
	(a)  The defendant in a 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] 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.
	SECTION 3.  Article 4.03, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 4.03.  COURTS OF APPEALS.  The Courts of Appeals shall
	have appellate jurisdiction coextensive with the limits of their
	respective districts in all criminal cases [except those in which
	the death penalty has been assessed].  This article may [Article
	shall] not be so construed as to embrace any case which has been
	appealed from any inferior court to the county court, the county
	criminal court, or county court at law, in which the fine imposed or
	affirmed by the county court, the county criminal court or county
	court at law does not exceed one hundred dollars, unless the sole
	issue is the constitutionality of the statute or ordinance on which
	the conviction is based.
	SECTION 4.  Section 2, Article 4.04, Code of Criminal
	Procedure, is amended to read as follows:
	Sec. 2.  The Court of Criminal Appeals shall have, and is
	hereby given, final appellate and review jurisdiction in criminal
	cases coextensive with the limits of the state, and its
	determinations shall be final. [The appeal of all cases in which
	the death penalty has been assessed shall be to the Court of
	Criminal Appeals.] In addition, the Court of Criminal Appeals may,
	on its own motion, with or without a petition for such discretionary
	review being filed by one of the parties, review any decision of a
	court of appeals in a criminal case. Discretionary review by the
	Court of Criminal Appeals is not a matter of right, but of sound
	judicial discretion.
	SECTION 5.  The heading to Article 11.07, Code of Criminal
	Procedure, is amended to read as follows:
	Art. 11.07.  PROCEDURE AFTER CONVICTION [WITHOUT DEATH
	PENALTY]
	SECTION 6.  Section 2, Article 11.07, Code of Criminal
	Procedure, is amended to read as follows:
	Sec. 2.  After indictment found in any felony case[, other
	than a case in which the death penalty is imposed,] and before
	conviction, the writ must be made returnable in the county where the
	offense has been committed.
	SECTION 7.  Section 3(b), Article 11.07, Code of Criminal
	Procedure, is amended to read as follows:
	(b)  An application for writ of habeas corpus filed after
	final conviction in a felony case[, other than a case in which the
	death penalty is imposed,] must be filed with the clerk of the court
	in which the conviction being challenged was obtained, and the
	clerk shall assign the application to that court. When the
	application is received by that court, a writ of habeas corpus,
	returnable to the Court of Criminal Appeals, shall issue by
	operation of law. The clerk of that court shall make appropriate
	notation thereof, assign to the case a file number (ancillary to
	that of the conviction being challenged), and forward a copy of the
	application by certified mail, return receipt requested, or by
	personal service to the attorney representing the state in that
	court, who shall answer the application not later than the 15th day
	after the date the copy of the application is received. Matters
	alleged in the application not admitted by the state are deemed
	denied.
	SECTION 8.  Articles 26.04(b) and (g), Code of Criminal
	Procedure, are amended to read as follows:
	(b)  Procedures adopted under Subsection (a) shall:
	(1)  authorize only the judges of the county courts,
	statutory county courts, and district courts trying criminal cases
	in the county, or the judges' designee, to appoint counsel for
	indigent defendants in the county;
	(2)  apply to each appointment of counsel made by a
	judge or the judges' designee in the county;
	(3)  ensure that each indigent defendant in the county
	who is charged with a misdemeanor punishable by confinement or with
	a felony and who appears in court without counsel has an opportunity
	to confer with appointed counsel before the commencement of
	judicial proceedings;
	(4)  [require appointments for defendants in capital
	cases in which the death penalty is sought to comply with any
	applicable requirements under Articles 11.071 and 26.052;
	[(5)]  ensure that each attorney appointed from a
	public appointment list to represent an indigent defendant perform
	the attorney's duty owed to the defendant in accordance with the
	adopted procedures, the requirements of this code, and applicable
	rules of ethics; and
	(5) [(6)]  ensure that appointments are allocated
	among qualified attorneys in a manner that is fair, neutral, and
	nondiscriminatory.
	(g)  A countywide alternative program for appointing counsel
	for indigent defendants in criminal cases is established by a
	formal action in which two-thirds of the judges of the courts
	designated under this subsection vote to establish the alternative
	program.  An alternative program for appointing counsel in
	misdemeanor and felony cases may be established in the manner
	provided by this subsection by the judges of the county courts,
	statutory county courts, and district courts trying criminal cases
	in the county.  An alternative program for appointing counsel in
	misdemeanor cases may be established in the manner provided by this
	subsection by the judges of the county courts and statutory county
	courts trying criminal cases in the county.  An alternative program
	for appointing counsel in felony cases may be established in the
	manner provided by this subsection by the judges of the district
	courts trying criminal cases in the county.  In a county in which an
	alternative program is established:
	(1)  the alternative program may:
	(A)  use a single method for appointing counsel or
	a combination of methods; and
	(B)  use a multicounty appointment list using a
	system of rotation; and
	(2)  the procedures adopted under Subsection (a) must
	ensure that:
	(A)  attorneys appointed using the alternative
	program to represent defendants in misdemeanor cases punishable by
	confinement:
	(i)  meet specified objective
	qualifications for that representation, which may be graduated
	according to the degree of seriousness of the offense and whether
	representation will be provided in trial court proceedings,
	appellate proceedings, or both; and
	(ii)  are approved by a majority of the
	judges of the county courts and statutory county courts trying
	misdemeanor cases in the county;
	(B)  attorneys appointed using the alternative
	program to represent defendants in felony cases:
	(i)  meet specified objective
	qualifications for that representation, which may be graduated
	according to the degree of seriousness of the offense and whether
	representation will be provided in trial court proceedings,
	appellate proceedings, or both; and
	(ii)  are approved by a majority of the
	judges of the district courts trying felony cases in the county; and
	(C)  [appointments for defendants in capital
	cases in which the death penalty is sought comply with the
	requirements of Article 26.052; and
	[(D)]  appointments are reasonably and
	impartially allocated among qualified attorneys.
	SECTION 9.  Articles 26.05(a) and (d), Code of Criminal
	Procedure, are amended to read as follows:
	(a)  A counsel, other than an attorney with a public
	defender's office [or an attorney employed by the office of capital
	writs], appointed to represent a defendant in a criminal
	proceeding, including a habeas corpus hearing, shall be paid a
	reasonable attorney's fee for performing the following services,
	based on the time and labor required, the complexity of the case,
	and the experience and ability of the appointed counsel:
	(1)  time spent in court making an appearance on behalf
	of the defendant as evidenced by a docket entry, time spent in
	trial, and time spent in a proceeding in which sworn oral testimony
	is elicited;
	(2)  reasonable and necessary time spent out of court
	on the case, supported by any documentation that the court
	requires;
	(3)  preparation of an appellate brief and preparation
	and presentation of oral argument to a court of appeals or the Court
	of Criminal Appeals; and
	(4)  preparation of a motion for rehearing.
	(d)  A counsel in a criminal [noncapital] case, other than an
	attorney with a public defender's office, appointed to represent a
	defendant under this code shall be reimbursed for reasonable and
	necessary expenses, including expenses for investigation and for
	mental health and other experts.  Expenses incurred with prior
	court approval shall be reimbursed in the [same] manner provided
	[for capital cases] by Articles 26.052(f) and (g), and expenses
	incurred without prior court approval shall be reimbursed in the
	manner provided [for capital cases] by Article 26.052(h).
	SECTION 10.  The heading to Article 26.052, Code of Criminal
	Procedure, is amended to read as follows:
	Art. 26.052.  [APPOINTMENT OF COUNSEL IN DEATH PENALTY
	CASE;] REIMBURSEMENT OF [INVESTIGATIVE] EXPENSES INCURRED BY
	APPOINTED COUNSEL.
	SECTION 11.  Section 3, Article 31.08, Code of Criminal
	Procedure, is amended to read as follows:
	Sec. 3.  An [Except for the review of a death sentence under
	Section 2(h), Article 37.071, or under Section 2(h), Article
	37.072, an] appeal taken in a cause returned to the original county
	under this article must be docketed in the appellate district in
	which the county of original venue is located.
	SECTION 12.  Article 35.15(b), Code of Criminal Procedure,
	is amended to read as follows:
	(b)  In [non-capital] felony cases [and in capital cases in
	which the State does not seek the death penalty], the State and
	defendant shall each be entitled to ten peremptory challenges. If
	two or more defendants are tried together each defendant shall be
	entitled to six peremptory challenges and the State to six for each
	defendant.
	SECTION 13.  Article 35.16(b), Code of Criminal Procedure,
	is amended to read as follows:
	(b)  A challenge for cause may be made by the State for any of
	the following reasons:
	1.  That the juror has conscientious scruples in regard
	to the imposition [infliction] of a sentence of imprisonment for
	life without parole [the punishment of death for crime,] in a
	capital case[, where the State is seeking the death penalty];
	2.  That he is related within the third degree of
	consanguinity or affinity, as determined under Chapter 573,
	Government Code, to the defendant; and
	3.  That he has a bias or prejudice against any phase of
	the law upon which the State is entitled to rely for conviction or
	punishment.
	SECTION 14.  Article 35.17, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 35.17.  VOIR DIRE EXAMINATION
	[1].  When the court in its discretion so directs, [except as
	provided in Section 2,] the state and defendant shall conduct the
	voir dire examination of prospective jurors in the presence of the
	entire panel.
	[2.     In a capital felony case in which the State seeks the
	death penalty, the court shall propound to the entire panel of
	prospective jurors questions concerning the principles, as
	applicable to the case on trial, of reasonable doubt, burden of
	proof, return of indictment by grand jury, presumption of
	innocence, and opinion. Then, on demand of the State or defendant,
	either is entitled to examine each juror on voir dire individually
	and apart from the entire panel, and may further question the juror
	on the principles propounded by the court.]
	SECTION 15.  Article 35.25, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 35.25.  MAKING PEREMPTORY CHALLENGE.  The [In
	non-capital cases and in capital cases in which the State's
	attorney has announced that he will not qualify the jury for, or
	seek the death penalty, the] party desiring to challenge any juror
	peremptorily shall strike the name of such juror from the list
	furnished him by the clerk.
	SECTION 16.  Article 35.26, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 35.26.  LISTS RETURNED TO CLERK.  [(a)] When the parties
	have made or declined to make their peremptory challenges, they
	shall deliver their lists to the clerk. The [Except as provided in
	Subsection (b) of this section, the] clerk shall, if the case be in
	the district court, call off the first twelve names on the lists
	that have not been stricken. If the case be in the county court, he
	shall call off the first six names on the lists that have not been
	stricken. Those whose names are called shall be the jury.
	[(b)     In a capital case in which the state seeks the death
	penalty, the court may direct that two alternate jurors be selected
	and that the first fourteen names not stricken be called off by the
	clerk. The last two names to be called are the alternate jurors.]
	SECTION 17.  Article 36.29(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)  Not less than twelve jurors can render and return a
	verdict in a felony case. It must be concurred in by each juror and
	signed by the foreman. After [Except as provided in Subsection (b),
	however, after] the trial of any felony case begins and a juror dies
	or, as determined by the judge, becomes disabled from sitting at any
	time before the charge of the court is read to the jury, the
	remainder of the jury shall have the power to render the verdict;
	but when the verdict shall be rendered by less than the whole
	number, it shall be signed by every member of the jury concurring in
	it.
	SECTION 18.  Section 2(b), Article 37.07, Code of Criminal
	Procedure, is amended to read as follows:
	(b)  If [Except as provided by Article 37.071 or 37.072, if]
	a finding of guilty is returned, it shall then be the responsibility
	of the judge to assess the punishment applicable to the offense;
	provided, however, that (1) in any criminal action where the jury
	may recommend community supervision and the defendant filed his
	sworn motion for community supervision before the trial began, and
	(2) in other cases where the defendant so elects in writing before
	the commencement of the voir dire examination of the jury panel, the
	punishment shall be assessed by the same jury, except as provided in
	Section 3(c) of this article and in Article 44.29.  If a finding of
	guilty is returned, the defendant may, with the consent of the
	attorney for the state, change his election of one who assesses the
	punishment.
	SECTION 19.  Section 1, Article 42.01, Code of Criminal
	Procedure, is amended to read as follows:
	Sec. 1.  A judgment is the written declaration of the court
	signed by the trial judge and entered of record showing the
	conviction or acquittal of the defendant. The sentence served
	shall be based on the information contained in the judgment. The
	judgment shall reflect:
	1.  The title and number of the case;
	2.  That the case was called and the parties appeared,
	naming the attorney for the state, the defendant, and the attorney
	for the defendant, or, where a defendant is not represented by
	counsel, that the defendant knowingly, intelligently, and
	voluntarily waived the right to representation by counsel;
	3.  The plea or pleas of the defendant to the offense
	charged;
	4.  Whether the case was tried before a jury or a jury
	was waived;
	5.  The submission of the evidence, if any;
	6.  In cases tried before a jury that the jury was
	charged by the court;
	7.  The verdict or verdicts of the jury or the finding
	or findings of the court;
	8.  In the event of a conviction that the defendant is
	adjudged guilty of the offense as found by the verdict of the jury
	or the finding of the court, and that the defendant be punished in
	accordance with the jury's verdict or the court's finding as to the
	proper punishment;
	9.  In the event of conviction where [death or] any
	punishment is assessed that the defendant be sentenced to [death,]
	a term of confinement or community supervision, or to pay a fine, as
	the case may be;
	10.  In the event of conviction where the imposition of
	sentence is suspended and the defendant is placed on community
	supervision, setting forth the punishment assessed, the length of
	community supervision, and the conditions of community
	supervision;
	11.  In the event of acquittal that the defendant be
	discharged;
	12.  The county and court in which the case was tried
	and, if there was a change of venue in the case, the name of the
	county in which the prosecution was originated;
	13.  The offense or offenses for which the defendant
	was convicted;
	14.  The date of the offense or offenses and degree of
	offense for which the defendant was convicted;
	15.  The term of sentence;
	16.  The date judgment is entered;
	17.  The date sentence is imposed;
	18.  The date sentence is to commence and any credit for
	time served;
	19.  The terms of any order entered pursuant to Article
	42.08 of this code that the defendant's sentence is to run
	cumulatively or concurrently with another sentence or sentences;
	20.  The terms of any plea bargain;
	21.  Affirmative findings entered pursuant to
	Subdivision (2) of Subsection (a) of Section 3g of Article 42.12 of
	this code;
	22.  The terms of any fee payment ordered under Article
	42.151 of this code;
	23.  The defendant's thumbprint taken in accordance
	with Article 38.33 of this code;
	24.  In the event that the judge orders the defendant to
	repay a reward or part of a reward under Articles 37.073 and 42.152
	of this code, a statement of the amount of the payment or payments
	required to be made;
	25.  In the event that the court orders restitution to
	be paid to the victim, a statement of the amount of restitution
	ordered and:
	(A)  the name and address of a person or agency
	that will accept and forward restitution payments to the victim; or
	(B)  if the court specifically elects to have
	payments made directly to the crime victim, the name and permanent
	address of the victim at the time of judgment;
	26.  In the event that a presentence investigation is
	required by Section 9(a), (b), (h), or (i), Article 42.12 of this
	code, a statement that the presentence investigation was done
	according to the applicable provision;
	27.  In the event of conviction of an offense for which
	registration as a sex offender is required under Chapter 62, a
	statement that the registration requirement of that chapter applies
	to the defendant and a statement of the age of the victim of the
	offense;
	28.  The defendant's state identification number
	required by Article [Section] 60.052(a)(2), if that number has been
	assigned at the time of the judgment; and
	29.  The incident number required by Article [Section]
	60.052(a)(4), if that number has been assigned at the time of the
	judgment.
	SECTION 20.  Sections 1 and 3, Article 42.09, Code of
	Criminal Procedure, are amended to read as follows:
	Sec. 1.  Except as provided in Sections 2 and 3, a defendant
	shall be delivered to a jail or to the Texas Department of Criminal
	Justice when his sentence is pronounced[, or his sentence to death
	is announced,] by the court.  The defendant's sentence begins to
	run on the day it is pronounced, but with all credits, if any,
	allowed by Article 42.03.
	Sec. 3.  If a defendant is convicted of a felony and
	sentenced to [death,] life[,] or a term of more than ten years in
	the Texas Department of Criminal Justice and he gives notice of
	appeal, he shall be transferred to the department on a commitment
	pending a mandate from the court of appeals or the Court of Criminal
	Appeals.
	SECTION 21.  Article 64.05, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 64.05.  APPEALS.  An appeal under this chapter is to a
	court of appeals in the same manner as an appeal of any other
	criminal matter[, except that if the convicted person was convicted
	in a capital case and was sentenced to death, the appeal is a direct
	appeal to the court of criminal appeals].
	SECTION 22.  Section 79.031, Government Code, is amended to
	read as follows:
	Sec. 79.031.  FAIR DEFENSE ACCOUNT.  The fair defense
	account is an account in the general revenue fund that may be
	appropriated only to[:
	[(1)]  the commission for the purpose of implementing
	this chapter[; and
	[(2)     the office of capital writs for the purpose of
	implementing Subchapter B, Chapter 78].
	SECTION 23.  Section 508.145(a), Government Code, is amended
	to read as follows:
	(a)  An inmate [under sentence of death,] serving a sentence
	of life imprisonment without parole, serving a sentence for an
	offense under Section 21.02, Penal Code, or serving a sentence for
	an offense under Section 22.021, Penal Code, that is punishable
	under Subsection (f) of that section is not eligible for release on
	parole.
	SECTION 24.  Sections 508.146(a) and (f), Government Code,
	are amended to read as follows:
	(a)  An inmate other than an inmate who is serving a sentence
	of [death or] life without parole may be released on medically
	recommended intensive supervision on a date designated by a parole
	panel described by Subsection (e), except that an inmate with an
	instant offense that is an offense described in Section 3g, Article
	42.12, Code of Criminal Procedure, or an inmate who has a reportable
	conviction or adjudication under Chapter 62, Code of Criminal
	Procedure, may only be considered if a medical condition of
	terminal illness or long-term care has been diagnosed by a
	physician, if:
	(1)  the Texas Correctional Office on Offenders with
	Medical or Mental Impairments, in cooperation with the Correctional
	Managed Health Care Committee, identifies the inmate as being:
	(A)  elderly, physically disabled, mentally ill,
	terminally ill, or mentally retarded or having a condition
	requiring long-term care, if the inmate is an inmate with an instant
	offense that is described in Section 3g, Article 42.12, Code of
	Criminal Procedure; or
	(B)  in a persistent vegetative state or being a
	person with an organic brain syndrome with significant to total
	mobility impairment, if the inmate is an inmate who has a reportable
	conviction or adjudication under Chapter 62, Code of Criminal
	Procedure;
	(2)  the parole panel determines that, based on the
	inmate's condition and a medical evaluation, the inmate does not
	constitute a threat to public safety; and
	(3)  the Texas Correctional Office on Offenders with
	Medical or Mental Impairments, in cooperation with the pardons and
	paroles division, has prepared for the inmate a medically
	recommended intensive supervision plan that requires the inmate to
	submit to electronic monitoring, places the inmate on
	super-intensive supervision, or otherwise ensures appropriate
	supervision of the inmate.
	(f)  An inmate who is not a citizen of the United States, as
	defined by federal law, who is not under a sentence of [death or]
	life without parole, and who does not have a reportable conviction
	or adjudication under Chapter 62, Code of Criminal Procedure, or an
	instant offense described in Section 3g, Article 42.12, Code of
	Criminal Procedure, may be released to immigration authorities
	pending deportation on a date designated by a parole panel
	described by Subsection (e) if the parole panel determines that on
	release the inmate would be deported to another country and that the
	inmate does not constitute a threat to public safety in the other
	country or this country and is unlikely to reenter this country
	illegally.
	SECTION 25.  Section 552.134(b), Government Code, is amended
	to read as follows:
	(b)  Subsection (a) does not apply to[:
	[(1)]  statistical or other aggregated information
	relating to inmates confined in one or more facilities operated by
	or under a contract with the department[; or
	[(2)  information about an inmate sentenced to death].
	SECTION 26.  The following provisions of the Code of
	Criminal Procedure are repealed:
	(1)  Article 1.13(b);
	(2)  Article 11.071;
	(3)  Article 26.044(a)(2);
	(4)  Articles 26.052(a), (b), (c), (d), (e), (i), (j),
	(k), (l), (m), and (n);
	(5)  Articles 34.04, 35.13, 35.15(a), 36.29(b),
	37.071, and 37.072;
	(6)  Article 42.04;
	(7)  Articles 43.14, 43.141, 43.15, 43.16, 43.17,
	43.18, 43.19, 43.20, 43.21, 43.22, 43.23, 43.24, and 43.25; and
	(8)  Articles 44.251 and 44.29(c) and (d).
	SECTION 27.  The following provisions of the Government Code
	are repealed:
	(1)  Chapter 78; and
	(2)  Section 79.001(12).
	SECTION 28.  The change in law made by this Act applies only
	to the punishment for an offense under Section 19.03, Penal Code, if
	the indictment in the case is filed on or after the effective date
	of this Act. If the indictment in the case is filed before the
	effective date of this Act, the punishment in the case is governed
	by the law in effect when the offense was committed, and the former
	law is continued in effect for that purpose.
	SECTION 29.  This Act takes effect September 1, 2013.