80th Texas Legislature, Regular Session, House Bill 8, Chapter 593 Page: 5 of 76
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H.B. No. 8
1 defendant to life imprisonment without parole.
2 Sec. 2. (a)(l) If a defendant is tried for an offense
3 punishable under Section 12.42(c)(3), Penal Code, in which the
4 state seeks the death penalty, on a finding that the defendant is
5 guilty of a capital offense, the court shall conduct a separate
6 sentencing proceeding to determine whether the defendant shall be
7 sentenced to death or life imprisonment without parole. The
8 proceeding shall be conducted in the trial court and, except as
9 provided by Article 44.29(d) of this code, before the trial jury as
10 soon as practicable. In the proceeding, evidence may be presented
11 by the state and the defendant or the defendant's counsel as to any
12 matter that the court considers relevant to sentence, including
13 evidence of the defendant's background or character or the
14 circumstances of the offense that mitigates against the imposition
15 of the death penalty. This subdivision may not be construed to
16 authorize the introduction of any evidence secured in violation of
17 the Constitution of the United States or of the State of Texas. The
18 state and the defendant or the defendant's counsel shall be
19 permitted to present argument for or against sentence of death. The
20 introduction of evidence of extraneous conduct is governed by the
21 notice requirements of Section 3(g), Article 37.07. The court, the
22 attorney representing the state, the defendant, or the defendant's
23 counsel may not inform a juror or a prospective juror of the effect
24 of a failure of a jury to agree on issues submitted under Subsection
25 (b) or (e).
26 (2) Notwithstanding Subdivision (1), evidence may not
27 be offered by the state to establish that the race or ethnicity of5
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Texas. Legislature. House of Representatives. 80th Texas Legislature, Regular Session, House Bill 8, Chapter 593, legislative document, June 15, 2007; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth155507/m1/5/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.