The bill, S.B. No. 1094, 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 character. 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 ensure clarity regarding the jury's deliberation process and the consideration of mitigating evidence.
The bill specifies that these changes will only apply to criminal proceedings that commence on or after the effective date of September 1, 2025, meaning that any proceedings initiated before this date will continue to be governed by the existing law. This ensures a clear transition to the new procedures without retroactively affecting ongoing cases.