H.B. No. 454 seeks to abolish the death penalty in Texas by amending various sections of the Penal Code and the Code of Criminal Procedure. The bill removes all references to the death penalty in the context of capital felonies, establishing that individuals convicted of such felonies will instead receive life imprisonment or life without parole, depending on their age at the time of the offense. It also modifies jury instructions to ensure jurors understand that a life sentence is the maximum punishment, eliminating the possibility of the death penalty being sought. Additionally, the bill allows defendants in capital cases to waive their right to a jury trial under certain conditions and removes specific requirements for the appointment of counsel in these cases.

The bill further amends the court's handling of restitution payments to victims, requiring detailed statements regarding the restitution ordered and the responsible party for forwarding payments. It clarifies punishments for offenses under Section 557.012(b) of the Government Code by removing the death penalty option and specifying life imprisonment or a minimum of two years confinement. The bill also repeals several provisions of the Code of Criminal Procedure to streamline the legal framework. These changes will apply to all criminal actions pending or commenced after the effective date of the Act, while not affecting final convictions existing at that time. The Act is set to take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if that vote is not achieved.

Statutes affected:
Introduced: Penal Code 12.31, Government Code 557.012 (Penal Code 12, Government Code 557)