85R27358 MEW-F     By: Herrero, Smithee, Collier H.B. No. 3054     Substitute the following for H.B. No. 3054:     By:  Moody C.S.H.B. No. 3054       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.  Section 2(d), Article 37.071, Code of Criminal   Procedure, is 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 it may not answer 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].          SECTION 2.  Section 2(f), Article 37.071, Code of Criminal   Procedure, is amended to read as follows:          (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 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 3.  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 4.  This Act takes effect September 1, 2017.