Texas Law of Parties

How You Can Help

 The LOP Bill died in the Senate this year. It can be introduced again in 2011. Please continue to contact Lawmakers and let them know that the Law of Parties is unjust and is sending factually innocent people to their deaths!

81R1149 GCB-D

 

 

 

By: Dutton

H.B. No. 304

 

 

 

 

A BILL TO BE ENTITLED

 

AN ACT

 

relating to the extent of a defendant's criminal responsibility for

 

the conduct of a co-conspirator in certain felony cases.

 

       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 

       SECTION 1.  Section 1, Article 37.071, Code of Criminal

 

Procedure, is amended to read as follows:

 

       Sec. 1.  (a) If a defendant is found guilty in a capital

 

felony case in which the state does not seek the death penalty, the

 

judge shall sentence the defendant to life imprisonment without

 

parole.

 

       (b)  A defendant who is found guilty in a capital felony case

 

only as a party under Section 7.02(b), Penal Code, may not be

 

sentenced to death, and the state may not seek the death penalty in

 

any case in which the defendant's liability is based solely on that

 

section.

 

       SECTION 2.  Section 2, Article 37.0711, Code of Criminal

 

Procedure, is amended to read as follows:

 

       Sec. 2.  (a) If a defendant is found guilty in a case in

 

which the state does not seek the death penalty, the judge shall

 

sentence the defendant to life imprisonment.

 

       (b)  A defendant who is found guilty in a capital felony case

 

only as a party under Section 7.02(b), Penal Code, may not be

 

sentenced to death, and the state may not seek the death penalty in

 

any case in which the defendant's liability is based solely on that

 

section.

 

       SECTION 3.  The change in law made by this Act applies to a

 

criminal proceeding that commences on or after the effective date

 

of this Act. A criminal proceeding that commences before the

 

effective date of this Act is governed by the law in effect when the

 

proceeding commenced, and the former law is continued in effect for

 

that purpose.

 

       SECTION 4.  This Act takes effect immediately if it receives

 

a vote of two-thirds of all the members elected to each house, as

 

provided by Section 39, Article III, Texas Constitution.  If this

 

Act does not receive the vote necessary for immediate effect, this

 

Act takes effect September 1, 2009.

 

 

Contact Texas Government Officials and let them know how you feel about the Law of Parties and the executions of people who did not kill!                    

The Texas State Senate: Current Members of the Senate

Texas House of Representatives

 

 

Mailing Address                                                                            

Office of the Governor
P.O. Box 12428
Austin, Texas 78711-2428

 

Delivery Address

Office of the Governor
State Insurance Building
1100 San Jacinto
Austin, Texas 78701

 

Telephone

Information and Referral Hotline: (800) 843-5789
[for Texas callers]

Citizen's Opinion Hotline: (800) 252-9600
[for Texas callers]

Information and Referral and Opinion Hotline: (512) 463-1782
[for Austin, Texas and out-of-state callers]

Office of the Governor Main Switchboard: (512) 463-2000
[office hours are 8:00 a.m. to 5:00 p.m. CST]

Citizen's Assistance Telecommunications Device
If you are using a telecommunication device for the deaf (TDD), call 711 to reach Relay Texas

Office of the Governor Fax: (512) 463-1849

Link to Email Form:

http://www.capwiz.com/politicsol/mail/?id=31771&type=GV&state=TX

Currently between 80 and 100 prisoners convicted under the Law of Parties sit on Texas’ death row. Section 7.02 of the Texas Penal Code outlines the following: A person is criminally responsible for an offense committed by the conduct of another if "acting with intent to promote or assist the commission of the offense he solicits, encourages, directs, aids or attempts to aid the other persons to commit the offense" or "If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy."

The last time Texas attempted to execute someone convicted under this highly flawed statute was in August 2007 when Kenneth Foster was facing imminent death. . Due to unprecedented media coverage and political pressure, Governor Perry commuted the sentence just hours before the scheduled execution. In order to avoid overt condemnation of the law of parties, Perry stated his reason for commuting the sentence was the fact that Foster was forced to go to trial with the admitted shooter.]

 Now is the time to attack the law of parties head on. Please contact Governor Perry’s office and ask that these executions be stopped and that he urge the State legislature to reexamine the law itself when the legislature reconvenes in 2009. . You can mail, fax, or email the letter. Also please call his office to vocally state your opinion. Texas must abandon its barbaric Law of Parties statute - NOW IS THE TIME!

Sign the Petition against the Law of Parties

Challenging the Texas Law of Parties Petition