HBA - JLV, EDN H.B. 365 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 365
By: Hinojosa
Criminal Jurisprudence
2/16/2001
Introduced



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. House Bill 365 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 365 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. 365 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.