The bill, H.B. No. 578, proposes amendments to the sentencing procedures in capital cases under Article 37.071 of the Code of Criminal Procedure. Key changes include clarifying that the jury must consider all evidence from both the guilt or innocence stage and the punishment stage, including the defendant's background and character. Additionally, the bill stipulates that the jury must reach a unanimous decision to answer any issue "yes" or "no," and it allows for the possibility that jurors need not agree on the specific evidence supporting their decisions.
Furthermore, the bill emphasizes that mitigating evidence should be regarded as any evidence that may reduce the defendant's moral blameworthiness. The changes will apply only to criminal proceedings that commence on or after the effective date of the Act, which is set for September 1, 2025. Proceedings that began before this date will continue to be governed by the previous law.