bill changing jury instructions in capital sentencing

The text as introduced · 394 words

89R4508 MEW-D

By: Moody
H.B. No. 578

A BILL TO BE ENTITLED

AN ACT

relating to certain sentencing procedures in a capital case.

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

SECTION 1. Sections 2(d) and (f), Article 37.071, Code of

Criminal Procedure, are amended to read as follows:

(d) The court shall charge the jury that:

(1) in deliberating on the issues submitted under

Subsection (b) [ of this article ], the jury [ it ] shall consider all

evidence admitted at the guilt or innocence stage and the

punishment stage, including evidence of the defendant's background

or character or the circumstances of the offense that militates for

or mitigates against the imposition of the death penalty;

(2) the jury [ it ] may not answer any issue submitted

under Subsection (b) [ of this article ] "yes" unless the jury [ it ]

agrees unanimously , and unless the jury answers an issue "yes"

unanimously, the jury shall [ it may not ] answer the [ any ] issue "no"

[ unless 10 or more jurors agree ]; and

(3) members of the jury need not agree on what

particular evidence supports a negative answer to any issue

submitted under Subsection (b) [ of this article ].

(f) The court shall charge the jury that in answering the

issue submitted under Subsection (e) [ of this article ], the jury:

(1) shall answer the issue "yes" or "no";

(2) may not answer the issue "no" unless the jury [ it ]

agrees unanimously , and unless the jury answers the issue "no"

unanimously, the jury shall [ may not ] answer the issue "yes"

[ unless 10 or more jurors agree ];

(3) need not agree on what particular evidence

supports an affirmative finding on the issue; and

(4) shall consider mitigating evidence to be evidence

that a juror might regard as reducing the defendant's moral

blameworthiness.

SECTION 2. The change in law made by this Act applies only

to a criminal proceeding that commences on or after the effective

date of this Act. A criminal proceeding that commenced before the

effective date of this Act is governed by the law in effect on the

date the proceeding commenced, and the former law is continued in

effect for that purpose.

SECTION 3. This Act takes effect September 1, 2025.