HBA-EDN H.B. 1416 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1416
By: Farrar
Criminal Jurisprudence
4/3/2001
Introduced



BACKGROUND AND PURPOSE 

The word society is not explicitly defined under current law, which may
cause different interpretations to be made as to the exact meaning and
intention of the word, particularly with regard to the sentencing of a
defendant.  If a defendant is found guilty in a capital case, the jury is
charged with instructions to consider whether the defendant would continue
to commit criminal acts of violence that would constitute a continuing
threat to society.  However, without an explicit statement placing the term
society in context, it may be unclear to whom the defendant might be a
continuing threat.  House Bill 1416 specifies that society consists of the
general public.     

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 1416 amends the Code of Criminal Procedure to modify the issues
a court is required to submit to a jury if a defendant is found guilty in a
capital case.  The bill provides that a jury consider, when deliberating
whether there is a probability that the defendant would commit criminal
acts of violence that would constitute a continuing threat to society, that
the defendant will be serving a minimum of 40 years in the institutional
division of the Texas Department of Criminal Justice and will be segregated
from a society that consists of the general public. 

EFFECTIVE DATE

September 1, 2001.