85S11085 KJE-D
	By: Canales	H.B. No. 252

	A BILL TO BE ENTITLED
	AN ACT
	relating to the extent of a defendant's criminal responsibility for
	the conduct of a coconspirator in certain felony cases.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 37, Code of Criminal Procedure, is
	amended by adding Article 37.0705 to read as follows:
	Art. 37.0705.  PROCEDURE AFTER GUILTY VERDICT IN CERTAIN
	CAPITAL CASES. (a)  If a defendant is found guilty in a capital
	felony case in which the state seeks the death penalty and in which
	the jury charge at the guilt or innocence stage permitted the jury
	to find the defendant guilty as a party under Sections 7.01 and
	7.02, Penal Code, the court shall, before conducting the punishment
	stage, instruct the jury to determine based on the evidence
	admitted at the guilt or innocence stage whether the defendant is
	guilty of the capital felony only as a party under Section 7.02(b),
	Penal Code.
	(b)  If the jury unanimously finds the defendant guilty of
	the capital felony only as a party under Section 7.02(b), Penal
	Code, the defendant may not be sentenced to death.
	SECTION 2.  The heading to Article 37.071, Code of Criminal
	Procedure, is amended to read as follows:
	Art. 37.071.  PROCEDURE IN CAPITAL CASE: PUNISHMENT STAGE
	SECTION 3.  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 or in which
	the jury makes a finding as permitted under Article 37.0705, the
	judge shall sentence the defendant to life imprisonment or to life
	imprisonment without parole as required by Section 12.31, Penal
	Code.
	SECTION 4.  Section 2(a)(1), Article 37.071, Code of
	Criminal Procedure, is amended to read as follows:
	(1)  If a defendant is found guilty in [tried for] a
	capital felony case [offense] in which the state seeks the death
	penalty, other than a case in which the jury makes a [on a] finding
	as permitted under Article 37.0705(b) [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) [of this code], before the trial jury
	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 deems relevant to 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.  This subdivision shall 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.  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 5.  The heading to Article 37.0711, Code of Criminal
	Procedure, is amended to read as follows:
	Art. 37.0711.  PROCEDURE IN CAPITAL CASE FOR OFFENSE
	COMMITTED BEFORE SEPTEMBER 1, 1991: PUNISHMENT STAGE
	SECTION 6.  Section 2, Article 37.0711, Code of Criminal
	Procedure, is amended to read as follows:
	Sec. 2.  If a defendant is found guilty in a case in which the
	state does not seek the death penalty or in which the jury makes a
	finding as permitted under Article 37.0705, the judge shall
	sentence the defendant to life imprisonment.
	SECTION 7.  Section 3(a)(1), Article 37.0711, Code of
	Criminal Procedure, is amended to read as follows:
	(1)  If a defendant is found guilty in [tried for] a
	capital felony case [offense] in which the state seeks the death
	penalty, other than a case in which the jury makes a [on a] finding
	as permitted under Article 37.0705(b) [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. The proceeding shall be
	conducted in the trial court and, except as provided by Article
	44.29(c) [of this code], before the trial jury as soon as
	practicable. In the proceeding, evidence may be presented as to any
	matter that the court deems relevant to sentence. This subdivision
	shall not be construed to authorize the introduction of any
	evidence secured in violation of the Constitution of the United
	States or of this state. The state and the defendant or the
	defendant's counsel shall be permitted to present argument for or
	against sentence of death.
	SECTION 8.  The change in law made by this Act applies to a
	criminal proceeding that commences on or after the effective date
	of this Act. A criminal proceeding that commences before the
	effective date of this Act is governed by the law in effect when the
	proceeding commenced, and the former law is continued in effect for
	that purpose.
	SECTION 9.  This Act takes effect December 1, 2017.