HBA-EDN H.B. 30 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 30
By: McClendon
Criminal Jurisprudence
2/2/2001
Introduced



BACKGROUND AND PURPOSE 

In Texas, a jury does not have the option of sentencing a defendant to life
without parole in capital murder cases.  Under current law, a jury in a
capital murder case (jury) can either sentence a person to death or give
the person a life sentence for which the person may be paroled in 40 years.
Therefore, the death penalty is the only available option a jury has to
ensure that the defendant will not be released from prison.  House Bill 30
enables a jury to sentence a defendant to the death penalty, a life
sentence, or a life sentence without parole. 
     
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 30 amends the Penal Code to add life imprisonment without parole
as a sentencing option  
in a capital felony case.  

The bill amends the Code of Criminal Procedure to modify the procedures for
instructing the jury in a capital felony case.  The bill modifies the
procedures for instructing the jury in a capital felony case to include
instructions regarding the sentence of life imprisonment without parole.
The bill provides criteria under which a defendant is required to be
sentenced to life without parole.  

H.B. 30 also amends the Government Code to specify that a defendant
sentenced to life may be paroled, when eligible, only with a two-thirds
vote of the members of the Board of Pardons and Paroles.  The bill
specifies that an inmate under sentence of death or serving a sentence of
life imprisonment without parole is not eligible for release on parole. 


EFFECTIVE DATE

September 1, 2001.