SAVE RUDY MEDRANO

The Law of Parties Bill died in the Texas Senate this year. It can introduced again in 2011. Please continue to contact lawmakers and tell them that the law of parties is sentencing factually innocent people to death, and the law must be stricken off the books once and for all!

By:  Dutton                                       H.B. No. 304

A BILL TO BE ENTITLED

AN ACT

relating to the extent of a defendant's criminal responsibility for the conduct of a co-conspirator in certain felony cases.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1.  Section 1, Article 37.071, Code of Criminal Procedure, is amended to read as follows:

Sec. 1.  (a)  If a defendant is found guilty in a capital felony case in which the state does not seek the death penalty, the judge shall sentence the defendant to life imprisonment without parole.

(b)  A defendant who is found guilty in a capital felony case only as a party under Section 7.02(b), Penal Code, may not be sentenced to death, and the state may not seek the death penalty in any case in which the defendant's liability is based solely on that section.

SECTION 2.  Section 2, Article 37.0711, Code of Criminal Procedure, is amended to read as follows:

Sec. 2.  (a)  If a defendant is found guilty in a case in which the state does not seek the death penalty, the judge shall sentence the defendant to life imprisonment.

(b)  A defendant who is found guilty in a capital felony case only as a party under Section 7.02(b), Penal Code, may not be sentenced to death, and the state may not seek the death penalty in any case in which the defendant's liability is based solely on that section.

SECTION 3.  The change in law made by this Act applies to a criminal proceeding that commences on or after the effective date of this Act.  A criminal proceeding that commences before the effective date of this Act is governed by the law in effect when the proceeding commenced, and the former law is continued in effect for that purpose.

SECTION 4.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.  If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.