85R2194 MEW-F     By: Lucio S.B. No. 1616       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(a)(1), Article 37.071, Code of   Criminal Procedure, is amended to read as follows:                (1)  If a defendant is tried for a capital offense in   which the state seeks the death penalty, on a finding that the   defendant is guilty of a capital offense, the court shall conduct a   separate sentencing proceeding to determine whether the defendant   shall be sentenced to death or life imprisonment without   parole.  The proceeding shall be conducted in the trial court and,   except as provided by Article 44.29(c) [of this code], before the   trial jury as soon as practicable.  In the proceeding, evidence may   be presented by the state and the defendant or the defendant's   counsel as to any matter that the court deems relevant to sentence,   including evidence of the defendant's background or character or   the circumstances of the offense that mitigates against the   imposition of the death penalty.  This subdivision shall not be   construed to authorize the introduction of any evidence secured in   violation of the Constitution of the United States or of the State   of Texas.  The state and the defendant or the defendant's counsel   shall be permitted to present argument for or against sentence of   death.  The introduction of evidence of extraneous conduct is   governed by the notice requirements of Section 3(g), Article   37.07.  [The court, the attorney representing the state, the   defendant, or the defendant's counsel may not inform a juror or a   prospective juror of the effect of a failure of a jury to agree on   issues submitted under Subsection (c) or (e).]          SECTION 2.  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 3.  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 4.  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 5.  This Act takes effect September 1, 2017.