bill narrowing capital murder liability for coconspirators

The text as introduced · 677 words

89R3078 EAS-F

By: Leach
H.B. No. 5058

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 and the

review of certain convictions by the Board of Pardons and Paroles.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2(b), Article 37.071, Code of Criminal

Procedure, is amended to read as follows:

(b) On conclusion of the presentation of the evidence, the

court shall submit the following issues to the jury:

(1) whether there is a probability that the defendant

would commit criminal acts of violence that would constitute a

continuing threat to society; and

(2) in cases 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, whether the

defendant actually caused the death of the deceased or did not

actually cause the death of the deceased but intended to kill the

deceased or another [ or anticipated that a human life would be

taken ].

SECTION 2. 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 3. Subchapter A, Chapter 7, Penal Code, is amended

by adding Section 7.021 to read as follows:

Sec. 7.021. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER

CONSPIRATOR IN CAPITAL MURDER CASES. (a) If, in the attempt to

carry out a conspiracy to commit one felony, a capital murder is

committed by one of the conspirators, a conspirator is guilty of the

capital murder, though having no intent to commit it, provided

that:

(1) the conspirator is a major participant in the

conspiracy;

(2) in attempting to carry out the conspiracy, the

conspirator acts with reckless indifference to human life; and

(3) the capital murder was committed in furtherance of

the unlawful purpose of the conspiracy.

(b) For purposes of Subsection (a):

(1) a conspirator is a major participant if the

conspirator plans, organizes, directs, or otherwise substantially

participates in the specific conduct that results in the death of a

victim; and

(2) a conspirator acts with reckless indifference to

human life if the conspirator is aware of but consciously

disregards a substantial and unjustifiable risk that another

conspirator intends to commit an act that is clearly dangerous to

human life.

SECTION 4. Subchapter B, Chapter 508, Government Code, is

amended by adding Section 508.0501 to read as follows:

Sec. 508.0501. REQUIRED REVIEW OF CERTAIN CONVICTIONS. (a)

Not later than January 1, 2026, the board shall review the criminal

conviction of each inmate who is serving a sentence of death after

having been found guilty only as a party under Section 7.02(b),

Penal Code, to identify appropriate inmates to recommend to the

governor for purposes of granting clemency.

(b) This section expires September 1, 2026.

SECTION 5. 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 6. This Act takes effect September 1, 2025.