State Rep. Terry Canales Files Bill to Prohibit Death Sentences in Law of Parties Cases

State Rep. Terry Canales has filed HB 316, a bill to prohibit death sentences in cases in which the defendant is convicted under the law of parties.  Last August 19, Rep. Canales sent a letter to Governor Greg Abbott supporting clemency for Jeff Wood, who was sentenced to death under the law of parties. Before Gov. Abbott could act on the clemency request, the Texas Court of Criminal Appeals granted Wood a stay of execution. Wood remains under a death sentence pending further judicial action.

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85R2323 KJE-D
	By: Canales	H.B. No. 316

	A BILL TO BE ENTITLED
	AN ACT
	relating to the extent of a defendant’s criminal responsibility for
	the conduct of another in capital felony cases.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 1, Article 37.071, Code of Criminal
	Procedure, is amended to read as follows:
	Sec. 1.  (a)  If a defendant is found guilty in a capital
	felony case in which the state does not seek the death penalty, the
	judge shall sentence the defendant to life imprisonment or to life
	imprisonment without parole as required by Section 12.31, Penal
	Code.
	(b)  A defendant who is found guilty in a capital felony case
	only as a party under Section 7.02, Penal Code, may not be sentenced
	to death, and the state may not seek the death penalty in any case in
	which the defendant’s liability is based solely on that section.
	SECTION 2.  Sections 2(b), (c), (d), and (g), Article
	37.071, Code of Criminal Procedure, are amended to read as follows:
	(b)  On conclusion of the presentation of the evidence, the
	court shall instruct [submit the following issues to] the jury to
	determine [:
	[(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].
	(c)  The state must prove the [each] issue submitted under
	Subsection (b) [of this article] beyond a reasonable doubt, and the
	jury shall return a special verdict of “yes” or “no” on that [each]
	issue [submitted under Subsection (b) of this Article].
	(d)  The court shall charge the jury that:
	(1)  in deliberating on the issue [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;
	(2)  it may not answer the [any] issue submitted under
	Subsection (b) [of this article] “yes” unless it agrees unanimously
	and it may not answer the [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 the [any] issue
	submitted under Subsection (b) [of this article].
	(g)  If the jury returns an affirmative finding on the [each]
	issue submitted under Subsection (b) and a negative finding on the
	[an] issue submitted under Subsection (e)(1), the court shall
	sentence the defendant to death.  If the jury returns a negative
	finding on the [any] issue submitted under Subsection (b) or an
	affirmative finding on the [an] issue submitted under Subsection
	(e)(1) or is unable to answer an [any] issue submitted under
	Subsection (b) or (e), the court shall sentence the defendant to
	confinement in the Texas Department of Criminal Justice for life
	imprisonment without parole.
	SECTION 3.  Section 2(e)(1), Article 37.071, Code of
	Criminal Procedure, is amended to read as follows:
	(e)(1)  The court shall instruct the jury that if the jury
	returns an affirmative finding to the [each] issue submitted under
	Subsection (b), it shall determine whether [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, 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.  Section 2, Article 37.0711, Code of Criminal
	Procedure, is amended to read as follows:
	Sec. 2.  (a)  If a defendant is found guilty in a case in
	which the state does not seek the death penalty, the judge shall
	sentence the defendant to life imprisonment.
	(b)  A defendant who is found guilty in a capital felony case
	only as a party under Section 7.02, Penal Code, may not be sentenced
	to death, and the state may not seek the death penalty in any case in
	which the defendant’s liability is based solely on that section.
	SECTION 5.  The change in law made by this Act applies to a
	criminal proceeding that commences on or after the effective date
	of this Act. A criminal proceeding that commences before the
	effective date of this Act is governed by the law in effect when the
	proceeding commenced, and the former law is continued in effect for
	that purpose.
	SECTION 6.  This Act takes effect September 1, 2017.

 

 

State Rep Terry Canales Clemency Letter for Jeff Wood by Scott Cobb on Scribd