The bill, S.B. No. 1094, 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," and if they do not reach a unanimous agreement on a "no" answer, they cannot answer "yes." The jury is also informed that they need not agree on the specific evidence supporting a negative answer.

Furthermore, the bill emphasizes that in answering issues related to mitigating evidence, jurors should consider it as 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.