HBA-RBT S.B. 39 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 39 By: Lucio Criminal Jurisprudence 5/5/1999 Engrossed BACKGROUND AND PURPOSE Currently, Texas law prohibits a court from instructing the jury on the length of a defendant's incarceration if a life sentence is imposed in a capital murder case. S.B. 39 requires the court, on written request from the defendant's attorney, to instruct the jury in a capital murder case that the defendant will be eligible for parole after serving 40 years of a life sentence. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2(e), Article 37.071, Code of Criminal Procedure, to require the court, if requested in writing by the attorney representing the defendant, to instruct the jury that if the jury finds that the circumstances warrant a sentence of life imprisonment rather than a death sentence, the court will sentence the defendant to imprisonment in the institutional division of the Texas Department of Criminal Justice for life. Requires the judge to charge the jury accordingly. Sets forth the charge. SECTION 2. Makes application of this Act prospective. Effective date: September 1, 1999. SECTION 3. Emergency clause. Effective date: upon passage.