HBA-AMW H.B. 1414 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1414
By: Farrar
Criminal Jurisprudence
4/3/2001
Introduced



BACKGROUND AND PURPOSE 

Occasionally, in the sentencing phase of a capital punishment trial, a
prosecutor will inform the jury to make its decision while keeping in mind
that future legislative sessions could enact legislation that would
overturn the jury's decision.  Instructing the jury to consider future
legislative decisions may be unfair to the jurors since it fails to offer
the jury a solid basis for making its decision.  House Bill 1414 prohibits
a court from permitting argument in a case as to whether subsequent actions
of the legislature might affect a jury's sentencing decision. 

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. 

ANALYSIS

House Bill 1414 amends the Code of Criminal Procedure to prohibit a court,
notwithstanding the jury charges in a capital case or other felony case,
from permitting argument in the case as to whether subsequent actions of
the legislature relating to parole and other release issues might affect
punishment recommended by the jury in the case. 

EFFECTIVE DATE

September 1, 2001.