Bill > HB578

This bill amends the Texas Code of Criminal Procedure's Article 37.071, which governs sentencing procedures in capital cases (cases where the death penalty is being considered). The key changes modify jury instructions and voting requirements during the penalty phase of a capital trial. Specifically, the bill requires that jury decisions about whether to impose the death penalty must be unanimous, removing the previous provision that allowed a decision with 10 or more jurors. The bill clarifies that when considering whether to impose the death penalty, jurors must review all evidence from both the guilt and punishment stages, including information about the defendant's background, character, and the circumstances of the offense. The bill also emphasizes that jurors should consider mitigating evidence as factors that might reduce the defendant's moral responsibility. These changes will apply only to criminal proceedings that commence on or after September 1, 2025, meaning cases before that date will be governed by the previous legal standards. The bill aims to ensure more consistent and deliberative jury decision-making in capital punishment cases by requiring full unanimity and comprehensive evidence consideration.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB578