HB2237 - Relating to abolishing the death penalty.

  89R3934 MEW-D     By: Dutton H.B. No. 2237       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 committed the offense when   younger than 18 years of age; or                (2)  life without parole, if the individual committed   the offense when 18 years of age or older.          (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 individual committed the   offense when younger than 18 years of age; or                (2)  a sentence of life imprisonment without parole is   mandatory on conviction of the capital felony, if the individual   committed the offense when 18 years of age or older.          SECTION 2.  Articles 1.13(a) and (b), Code of Criminal   Procedure, are amended to read as follows:          (a)   Subject to Subsection (b), the [ The ] defendant in a   criminal prosecution for any offense is entitled [ 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.          (b)  In a capital felony case [ in which the attorney   representing the State notifies the court and the defendant that it   will not seek the death penalty ], the defendant may waive the right   to trial by jury but only if the attorney representing the state   [ State ], in writing and in open court, consents to the waiver.          SECTION 3.  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 4.  Article 34.01, Code of Criminal Procedure, is   amended to read as follows:          Art. 34.01.  SPECIAL VENIRE. A "special venire" is a writ   issued in a capital case by order of the district court, commanding   the sheriff to summon either verbally or by mail such a number of   persons, not less than 50, as the court may order, to appear before   the court on a day named in the writ from whom the jury for the trial   of such case is to be selected. Where as many as 100 [ one hundred ]   jurors have been summoned in such county for regular service for the   week in which such capital case is set for trial, the judge of the   court having jurisdiction of a capital case in which a motion for a   special venire has been made, shall grant or refuse such motion for   a special venire, and upon such refusal require the case to be tried   by regular jurors summoned for service in such county for the week   in which such capital case is set for trial and such additional   talesmen as may be summoned by the sheriff upon order of the court   as provided in Article 34.02 [ of this Code, but the clerk of such   court shall furnish the defendant or his counsel a list of the   persons summoned as provided in Article 34.04 ].          SECTION 5.  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  [ State ]   and defendant shall each be entitled to 10  [ ten ] peremptory   challenges. If two or more defendants are tried together each   defendant shall be entitled to six peremptory challenges and the   state  [ State ] to six for each defendant.          SECTION 6.  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 [ 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 the juror [ he ] is related within the third   degree of consanguinity or affinity, as determined under Chapter   573, Government Code, to the defendant; and                3.  That the juror [ he ] has a bias or prejudice against   any phase of the law upon which the state [ State ] is entitled to   rely for conviction or punishment.          SECTION 7.  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 t [Text truncated for display. Full text available on Congress.gov.]