87S10686 EAS-F     By: Leach H.B. No. 253       A BILL TO BE ENTITLED   AN ACT   relating to the extent of a defendant's criminal responsibility for   the conduct of a coconspirator in a capital murder case and the   review of certain convictions by the Board of Pardons and Paroles.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 2(b), Article 37.071, Code of Criminal   Procedure, is amended to read as follows:          (b)  On conclusion of the presentation of the evidence, the   court shall submit the following issues to the jury:                (1)  whether there is a probability that the defendant   would commit criminal acts of violence that would constitute a   continuing threat to society; and                (2)  in cases in which the jury charge at the guilt or   innocence stage permitted the jury to find the defendant guilty as a   party under Sections 7.01 and 7.02, Penal Code, whether the   defendant actually caused the death of the deceased or did not   actually cause the death of the deceased but intended to kill the   deceased or another [or anticipated that a human life would be   taken].          SECTION 2.  Section 7.02(b), Penal Code, is amended to read   as follows:          (b)  If, in the attempt to carry out a conspiracy to commit   one felony, another felony is committed by one of the conspirators,   all conspirators are guilty of the felony actually committed,   though having no intent to commit it, provided that [if] the offense   was committed in furtherance of the unlawful purpose and was one   that should have been anticipated as a result of the carrying out of   the conspiracy.  This subsection does not apply to the prosecution   of the offense of capital murder.          SECTION 3.  Subchapter A, Chapter 7, Penal Code, is amended   by adding Section 7.021 to read as follows:          Sec. 7.021.  CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER   CONSPIRATOR IN CAPITAL MURDER CASES. (a)  If, in the attempt to   carry out a conspiracy to commit one felony, a capital murder is   committed by one of the conspirators, a conspirator is guilty of the   capital murder, though having no intent to commit it, provided   that:                (1)  the conspirator is a major participant in the   conspiracy;                 (2)  in attempting to carry out the conspiracy, the   conspirator acts with reckless indifference to human life; and                (3)  the capital murder was committed in furtherance of   the unlawful purpose of the conspiracy.          (b)  For purposes of Subsection (a):                (1)  a conspirator is a major participant if the   conspirator plans, organizes, directs, or otherwise substantially   participates in the specific conduct that results in the death of a   victim; and                (2)  a conspirator acts with reckless indifference to   human life if the conspirator is aware of but consciously   disregards a substantial and unjustifiable risk that another   conspirator intends to commit an act that is clearly dangerous to   human life.          SECTION 4.  Not later than April 1, 2022, the Board of   Pardons and Paroles shall review the criminal conviction of each   inmate who is serving a sentence of death and found guilty only as a   party under Section 7.02(b), Penal Code, to identify appropriate   inmates to recommend to the governor for purposes of granting   clemency.          SECTION 5.  The change in law made by this Act applies only   to the prosecution of an offense committed on or after the effective   date of this Act. The prosecution of an offense committed before the   effective date of this Act is governed by the law in effect on the   date the offense was committed, and the former law is continued in   effect for that purpose. For purposes of this section, an offense   was committed before the effective date of this Act if any element   of the offense occurred before that date.          SECTION 6.  This Act takes effect on the 91st day after the   last day of the legislative session.