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    HB01736H

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    Hayden Sparks
    This bill proposes amendments to Texas criminal law regarding criminal responsibility for capital murder in conspiracy cases. It would require the jury in capital murder trials to determine whether the defendant actually caused the death or intended to kill. For convictions solely as a party to conspiracy, it establishes factors for determining criminal responsibility for a co-conspirator's capital murder. It also requires the Board of Pardons and Paroles to review by 2024 the cases of inmates sentenced to death solely under the law of parties to conspiracy.

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    HB01736H

    Uploaded by

    Hayden Sparks
    911 views3 pages
    This bill proposes amendments to Texas criminal law regarding criminal responsibility for capital murder in conspiracy cases. It would require the jury in capital murder trials to determine whether the defendant actually caused the death or intended to kill. For convictions solely as a party to conspiracy, it establishes factors for determining criminal responsibility for a co-conspirator's capital murder. It also requires the Board of Pardons and Paroles to review by 2024 the cases of inmates sentenced to death solely under the law of parties to conspiracy.

    Original Description:

    Rep. Jeff Leach

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    This bill proposes amendments to Texas criminal law regarding criminal responsibility for capital murder in conspiracy cases. It would require the jury in capital murder trials to determine whether the defendant actually caused the death or intended to kill. For convictions solely as a party to conspiracy, it establishes factors for determining criminal responsibility for a co-conspirator's capital murder. It also requires the Board of Pardons and Paroles to review by 2024 the cases of inmates sentenced to death solely under the law of parties to conspiracy.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    911 views3 pages

    HB01736H

    Uploaded by

    Hayden Sparks
    This bill proposes amendments to Texas criminal law regarding criminal responsibility for capital murder in conspiracy cases. It would require the jury in capital murder trials to determine whether the defendant actually caused the death or intended to kill. For convictions solely as a party to conspiracy, it establishes factors for determining criminal responsibility for a co-conspirator's capital murder. It also requires the Board of Pardons and Paroles to review by 2024 the cases of inmates sentenced to death solely under the law of parties to conspiracy.

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    © All Rights Reserved
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    of 3

    By:AALeach, et al. H.B.ANo.

    A1736

    A BILL TO BE ENTITLED

    1 AN ACT

    2 relating to the extent of a defendant ’s criminal responsibility for

    3 the conduct of a coconspirator in a capital murder case and the

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

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

    6 SECTIONA1.AASection 2(b), Article 37.071, Code of Criminal

    7 Procedure, is amended to read as follows:

    8 (b)AAOn conclusion of the presentation of the evidence, the

    9 court shall submit the following issues to the jury:

    10 (1)AAwhether there is a probability that the defendant

    11 would commit criminal acts of violence that would constitute a

    12 continuing threat to society; and

    13 (2)AAin cases in which the jury charge at the guilt or

    14 innocence stage permitted the jury to find the defendant guilty as a

    15 party under Sections 7.01 and 7.02, Penal Code, whether the

    16 defendant actually caused the death of the deceased or did not

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

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

    19 taken].

    20 SECTIONA2.AASection 7.02(b), Penal Code, is amended to read

    21 as follows:

    22 (b)AAIf, in the attempt to carry out a conspiracy to commit

    23 one felony, another felony is committed by one of the conspirators,

    24 all conspirators are guilty of the felony actually committed,

    88R624 EAS-F 1
    H.B.ANo.A1736

    1 though having no intent to commit it, provided that [if] the offense

    2 was committed in furtherance of the unlawful purpose and was one

    3 that should have been anticipated as a result of the carrying out of

    4 the conspiracy. This subsection does not apply to the prosecution

    5 of the offense of capital murder.

    6 SECTIONA3.AASubchapter A, Chapter 7, Penal Code, is amended

    7 by adding Section 7.021 to read as follows:

    8 Sec.A7.021.AACRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER

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

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

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

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

    13 that:

    14 (1)AAthe conspirator is a major participant in the

    15 conspiracy;

    16 (2)AAin attempting to carry out the conspiracy, the

    17 conspirator acts with reckless indifference to human life; and

    18 (3)AAthe capital murder was committed in furtherance of

    19 the unlawful purpose of the conspiracy.

    20 (b)AAFor purposes of Subsection (a):

    21 (1)AAa conspirator is a major participant if the

    22 conspirator plans, organizes, directs, or otherwise substantially

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

    24 victim; and

    25 (2)AAa conspirator acts with reckless indifference to

    26 human life if the conspirator is aware of but consciously

    27 disregards a substantial and unjustifiable risk that another

    2
    H.B.ANo.A1736

    1 conspirator intends to commit an act that is clearly dangerous to

    2 human life.

    3 SECTIONA4.AASubchapter B, Chapter 508, Government Code, is

    4 amended by adding Section 508.0501 to read as follows:

    5 Sec.A508.0501.AAREQUIRED REVIEW OF CERTAIN CONVICTIONS. (a)

    6 Not later than January 1, 2024, the board shall review the criminal

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

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

    9 Penal Code, to identify appropriate inmates to recommend to the

    10 governor for purposes of granting clemency.

    11 (b)AAThis section expires September 1, 2024.

    12 SECTIONA5.AAThe change in law made by this Act applies only

    13 to the prosecution of an offense committed on or after the effective

    14 date of this Act. The prosecution of an offense committed before the

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

    16 date the offense was committed, and the former law is continued in

    17 effect for that purpose. For purposes of this section, an offense

    18 was committed before the effective date of this Act if any element

    19 of the offense occurred before that date.

    20 SECTIONA6.AAThis Act takes effect September 1, 2023.

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