Moody Bill Raises Death Penalty Age Cutoff From 18 To 21

The text as introduced · 418 words

90R4006 JDB-D

By: Moody
H.B. No. 657

A BILL TO BE ENTITLED

AN ACT

relating to the punishment for a capital felony committed by an

individual younger than 21 years of age.

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

SECTION 1. Section 8.07(c), Penal Code, is amended to read

as follows:

(c) No person may, in any case, be punished by death for an

offense committed while the person was younger than 21 [ 18 ] years.

SECTION 2. 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 21 [ 18 ] years of age; or

(2) life without parole, if the individual committed

the offense when 21 [ 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 21 [ 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 21 [ 18 ] years of age or older.

SECTION 3. The change in law made by this Act:

(1) applies to a criminal action pending, on appeal,

or commenced on or after the effective date of this Act, regardless

of whether the criminal action is based on an offense committed

before, on, or after the effective date of this Act; and

(2) does not affect a final conviction that exists on

the effective date of this Act.

SECTION 4. This Act takes effect September 1, 2027.