No capital murder conviction just because a coconspirator did the killing.
The bill changes the Texas conspiracy-liability rule so that a person cannot be found guilty of capital murder just because a coconspirator committed it during another planned felony. Defendants in capital murder cases who did not themselves intend the killing are the people it touches. Starting September 1, 2025, prosecutors would need another legal basis to hold such a defendant responsible for capital murder, while the conspiracy rule still applies to all other felonies.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R HB 929 (Died in committee) and this bill (Died in committee). Checked against 88R only.DO-OVER. Reworked text of a bill filed before that died: 88R HB 929 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Feb 11, 2025 and referred to the House Criminal Jurisprudence committee. No public hearing. The bill died.
relating to the extent of a defendant's criminal responsibility for
the conduct of a coconspirator in a capital murder case.
WHAT IT DOES
No capital murder conviction just because a coconspirator did the killing.
The bill changes the Texas conspiracy-liability rule so that a person cannot be found guilty of capital murder just because a coconspirator committed it during another planned felony. Defendants in capital murder cases who did not themselves intend the killing are the people it touches. Starting September 1, 2025, prosecutors would need another legal basis to hold such a defendant responsible for capital murder, while the conspiracy rule still applies to all other felonies.
Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.
House committee · Criminal Jurisprudence · Final status: Died in committee
Subjects
Crimes--Capital Punishment
Criminal Procedure--Sentencing & Punishment
Text
The text as introduced · 260 words
89R11376 EAS-D
By: Dutton
H.B. No. 2649
A BILL TO BE ENTITLED
AN ACT
relating to the extent of a defendant's criminal responsibility for
the conduct of a coconspirator in a capital murder case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.02(b), Penal Code, is amended to read
as follows:
(b) If, in the attempt to carry out a conspiracy to commit
one felony, another felony is committed by one of the conspirators,
all conspirators are guilty of the felony actually committed,
though having no intent to commit it, provided that [ if ] the offense
was committed in furtherance of the unlawful purpose and was one
that should have been anticipated as a result of the carrying out of
the conspiracy. This subsection does not apply to the prosecution
of the offense of capital murder. In this subsection, "conspiracy"
means an agreement between two or more persons to commit a felony.
SECTION 2. The change in law made by this Act applies only
to the prosecution of an offense committed on or after the effective
date of this Act. The prosecution of an offense committed before
the effective date of this Act is governed by the law in effect on
the date the offense was committed, and the former law is continued
in effect for that purpose. For purposes of this section, an
offense was committed before the effective date of this Act if any
element of the offense occurred before that date.
SECTION 3. This Act takes effect September 1, 2025.