85R337 KJE-D     By: Dutton H.B. No. 147       A BILL TO BE ENTITLED   AN ACT   relating to the extent of a defendant's criminal responsibility for   the conduct of a coconspirator in certain felony cases.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1, Article 37.071, Code of Criminal   Procedure, is amended to read as follows:          Sec. 1.  (a)  If a defendant is found guilty in a capital   felony case in which the state does not seek the death penalty, the   judge shall sentence the defendant to life imprisonment or to life   imprisonment without parole as required by Section 12.31, Penal   Code.          (b)  A defendant who is found guilty in a capital felony case   only as a party under Section 7.02(b), Penal Code, may not be   sentenced to death, and the state may not seek the death penalty in   any case in which the defendant's liability is based solely on that   subsection.          SECTION 2.  Section 2, Article 37.0711, Code of Criminal   Procedure, is amended to read as follows:          Sec. 2.  (a)  If a defendant is found guilty in a case in   which the state does not seek the death penalty, the judge shall   sentence the defendant to life imprisonment.          (b)  A defendant who is found guilty in a capital felony case   only as a party under Section 7.02(b), Penal Code, may not be   sentenced to death, and the state may not seek the death penalty in   any case in which the defendant's liability is based solely on that   subsection.          SECTION 3.  The change in law made by this Act applies to a   criminal proceeding that commences on or after the effective date   of this Act. A criminal proceeding that commences before the   effective date of this Act is governed by the law in effect when the   proceeding commenced, and the former law is continued in effect for   that purpose.          SECTION 4.  This Act takes effect September 1, 2017.