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  84R129 GCB-D
 
  By: Guillen H.B. No. 109
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to consideration of certain mitigating evidence at the
  sentencing proceeding of a defendant or the disposition hearing of
  a child.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 42, Code of Criminal Procedure, is
  amended by adding Article 42.021 to read as follows:
         Art. 42.021.  LIMITATION ON MITIGATING EVIDENCE.
  Notwithstanding any other law, at the sentencing proceeding of a
  defendant the trier of fact may not consider any evidence offered to
  establish that the defendant did not understand the consequences of
  the defendant's actions because the defendant was raised in a
  household that was overly permissive due to affluent circumstances.
         SECTION 2.  Chapter 54, Family Code, is amended by adding
  Section 54.0403 to read as follows:
         Sec. 54.0403.  LIMITATION ON MITIGATING EVIDENCE.
  Notwithstanding any other law, at a disposition hearing held under
  Section 54.04 the trier of fact may not consider any evidence
  offered to establish that the defendant did not understand the
  consequences of the defendant's actions because the defendant was
  raised in a household that was overly permissive due to affluent
  circumstances.
         SECTION 3.  Article 42.021, Code of Criminal Procedure, as
  added by this Act, applies only to a sentencing proceeding that
  commences on or after the effective date of this Act, regardless of
  whether the applicable offense occurred before, on, or after the
  effective date of this Act.
         SECTION 4.  Section 54.0403, Family Code, as added by this
  Act, applies to a disposition hearing that commences on or after the
  effective date of this Act, regardless of whether the applicable
  delinquent conduct occurred before, on, or after the effective date
  of this Act.
         SECTION 5.  This Act takes effect September 1, 2015.