The bill amends certain 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 circumstances of the offense. Additionally, the bill stipulates that the jury must reach a unanimous decision to answer any issue "yes" and that they cannot answer "no" unless they also agree unanimously. The language has been adjusted to remove references to a minimum number of jurors needed to agree on these answers.
Furthermore, the bill emphasizes that jurors need not agree on the specific evidence supporting their decisions and defines mitigating evidence as that which 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.