88R3772 CJD-D     By: Wu H.B. No. 1362       A BILL TO BE ENTITLED   AN ACT   relating to the punishment for a capital felony committed by an   individual younger than 21 years of age.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 8.07(c), Penal Code, is amended to read   as follows:          (c)  No person may, in any case, be punished by death for an   offense committed while the person was younger than 21 [18] years.          SECTION 2.  Section 12.31, Penal Code, is amended to read as   follows:          Sec. 12.31.  CAPITAL FELONY.  (a)  An individual adjudged   guilty of a capital felony in a case in which the state seeks the   death penalty shall be punished by imprisonment in the Texas   Department of Criminal Justice for life without parole or by   death.  An individual adjudged guilty of a capital felony in a case   in which the state does not seek the death penalty shall be punished   by imprisonment in the Texas Department of Criminal Justice for:                (1)  life, if the individual committed the offense when   younger than 21 [18] years of age; or                (2)  life without parole, if the individual committed   the offense when 21 [18] years of age or older.          (b)  In a capital felony trial in which the state seeks the   death penalty, prospective jurors shall be informed that a sentence   of life imprisonment without parole or death is mandatory on   conviction of a capital felony.  In a capital felony trial in which   the state does not seek the death penalty, prospective jurors shall   be informed that the state is not seeking the death penalty and   that:                (1)  a sentence of life imprisonment is mandatory on   conviction of the capital felony, if the individual committed the   offense when younger than 21 [18] years of age; or                (2)  a sentence of life imprisonment without parole is   mandatory on conviction of the capital felony, if the individual   committed the offense when 21 [18] years of age or older.          SECTION 3.  The change in law made by this Act:                (1)  applies to a criminal action pending, on appeal,   or commenced on or after the effective date of this Act, regardless   of whether the criminal action is based on an offense committed   before, on, or after the effective date of this Act; and                (2)  does not affect a final conviction that exists on   the effective date of this Act.          SECTION 4.  This Act takes effect September 1, 2023.