HBA-EDN S.B. 85 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 85
By: Lucio
Criminal Jurisprudence
5/4/2001
Engrossed



BACKGROUND AND PURPOSE 

In Texas, a jury does not have the option of sentencing an individual
convicted of a capital offense to life without parole.  Under current law,
a jury in a capital offense trial can either sentence a person to death or
give the person a life sentence for which the person may be paroled in 40
years.  However, there are growing concerns that sentencing a defendant may
be problematic for juries who do not believe the defendant should be
executed, but also do not believe the defendant should have the possibility
of parole. Senate Bill  85 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

Senate Bill 85 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 set forth proceedings for sentencing and
to modify the procedures for instructing the jury in a capital felony case.
In a capital case in which the state does not seek the death penalty, on a
finding at trial that the defendant is guilty of a capital offense, or on a
plea of guilty or nolo contendere by the defendant, the bill requires the
court to conduct a separate sentencing proceeding to determine whether the
defendant shall be sentenced to life imprisonment or life imprisonment
without parole.  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. 
 
S.B. 85 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.