HB 2649
AN ACT relating to the extent of a defendant's criminal responsibility for
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Modifies how criminal responsibility is determined for conspirators in felony cases. Specifically, it removes the previous blanket rule that all conspirators are automatically guilty of additional felonies committed during the conspiracy, creating an exception for capital murder cases. The change applies only to offenses committed on or after September 1, 2025, meaning prior criminal cases will still be governed by the previous legal standard.
Bill Text
relating to the extent of a defendant's criminal responsibility for the conduct of a coconspirator in a capital murder case. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 7.02(b), Penal Code, is amended to read (b) 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, provided that [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. This subsection does not apply to the prosecution of the offense of capital murder. In this subsection, "conspiracy" means an agreement between two or more persons to commit a felony. SECTION 2. The change in law made by this Act applies only to the prosecution of an offense committed on or after the effective date of this Act. The prosecution of an offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date. SECTION 3. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to the extent of a defendant's criminal responsibility for
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