87R5266 MAW-D     By: Lucio S.B. No. 2113       A BILL TO BE ENTITLED   AN ACT   relating to the consideration of the views of a close relative of a   deceased victim regarding the imposition of the death penalty 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 considers [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 and evidence of the   views of a close relative of a deceased victim, as defined by   Article 56A.001, regarding the imposition of the death penalty in   the case. This subdivision does [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], 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 and evidence of the   views of a close relative of a deceased victim, as defined by   Article 56A.001, regarding the imposition of the death penalty in   the case;                (2) it may not answer any issue submitted under   Subsection (b) of this article "yes" unless 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(e)(1), Article 37.071, Code of   Criminal Procedure, is amended to read as follows:                (1)  The court shall instruct the jury that if the jury   returns an affirmative finding to each issue submitted under   Subsection (b), it shall answer the following issue:          Whether, taking into consideration all of the evidence,   including the circumstances of the offense, the defendant's   character and background, [and] the personal moral culpability of   the defendant, and the views of a close relative of a deceased   victim, as defined by Article 56A.001, regarding the imposition of   the death penalty in the case, there is a sufficient mitigating   circumstance or circumstances to warrant that a sentence of life   imprisonment without parole rather than a death sentence be   imposed.          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, 2021.