State Rep Harold Dutton files Law of Parties bill

State Rep Harold Dutton of Houston has filed a bill to end the death penalty as a sentencing option for anyone convicted under the Law of Parties.

	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.