Texas is executing innocent people!
The Law of Parties Bill has died in the Texas Senate. Hopefully it will be introduced again in 2011. Continue to contact your Reps. and Senators and let them know you support a bill that would take the LOP off the books.
The Law of Parties is an arcane law used in Texas that convicts defendants of capital murder regardless if intent is proven. The Law of Parties was never intended to be used in Capital Cases. Texas has over 100 men and woman charged with capital murder sitting on death row waiting to die for a crime they did not commit. You will meet some of these men and women here.
In the wake of all the media attention geared towards DNA and mental competency issues, inmates with other legitimate innocence claims are being unjustly sentenced and forgotten about. People sentenced under the Law of Parties are among such claims. ~ Keith Hampton ( attorney for Kenneth Foster)
* The summaries found on this web site come from the people directly affected by the Law of Parties. The site owner is not responsible for any legal inconsistencies.
Current Legislative Bill regarding LOP
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.
