HBA-MPA H.B. 150 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 150 By: Naishtat Criminal Jurisprudence 2/2/1999 Introduced BACKGROUND AND PURPOSE Juries in capital cases have only two sentencing options: imposition of the death penalty or life imprisonment with the possibility of parole. Under current law, an inmate sentenced to life in prison is not eligible for parole for 40 years. Jurors are required to consider two questions before handing down a death sentence: "Is the defendant a future danger to society?" and "Are there mitigating circumstances which call for a life sentence instead of death?" The U.S. Supreme Court has suggested that jurors cannot accurately answer these questions and come to a fair decision without knowing the parole laws. H.B. 150 requires the judge in a capital case, at the request of the attorney representing the defendant, to inform the jury that under a sentence of life, an inmate is not eligible for parole for 40 years. 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. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2(e), Article 37.071, Code of Criminal Procedure, to require the court, upon written request of the attorney representing the defendant in a capital case, to instruct the jury that if the jury answers that circumstances of the case warrant a sentence of life imprisonment rather than the death penalty the court will impose such a sentence. Requires that the court charge the jury in writing that a defendant sentenced to life imprisonment becomes eligible for parole after serving 40 years, without consideration of any good conduct time, and that it cannot accurately be predicted how the parole laws might be applied to the defendant because the law's application depends on decisions of prison and parole authorities but that eligibility for parole does not guarantee it will be granted. Creates Subdivision (1) from existing text and adds Subdivision (2). SECTION 2. Amends Section 3(e), Article 37.0711, Code of Criminal Procedure, to make conforming changes. SECTION 3. Makes application of this Act prospective and provides that a sentencing proceeding that begins before this Act goes into effect is covered by the law in effect when the sentencing proceeding began. SECTION 4. Emergency clause. Effective date: upon passage.