An update as to what is happening, Lege update 7/11.

Tag Archives: Terry Canale

The Legislature had quite a busy day today, in both chambers. The House has adjourned until Monday, and the Senate gavels back into play at 2PM tomorrow. Obviously, the most controversial and newsworthy item is still HB2/SB1, the omnibus anti-abortion bill. However, a number of actions were taken today dealing with the other two topics on the call, as well as a third not on the call. Let us digest the matter.

For starters, both the House and Senate concurred in a final Miller compliance bill for sentencing 17 year olds convicted of Capital Murder. The Texas Tribune reports that SB2 by Sen. Joan Huffman (R-Harris County) was passed 30-1 in the Senate and then 113-23 in the House. As the Austin American-Statesman noted, this is the Senate’s original bill, which places a mandatory life with parole sentence, typically meaning parole after 40 years. The House’s bill originally allowed the jury to consider aggravating circumstances and evidence that would lead them to specifically sentence the minors to life-without-parole.

Some Democrats, led by Rep. Terry Canales (D-Hidalgo County), objected to the bill because it prevented juries from considering any mitigating circumstances and evidence that would lead them to impose a lighter sentence, such as 25 years. The only Senate objector was Sen. Jose Rodriguez (D-El Paso County). Rodriguez objected because of his belief the bill is unconstitutional. For what it’s worth, I wrote an entire Law Review article on this exact topic last semester, so I beg to disagree. But that’s a discussion for a different day. Anyways, both Houses passed the identical SB2, which now heads to Governor Perry’s desk.


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