Increasing the punishment for certain conduct constituting the offense of murder

Texas Senate Bill 990 (SB990) aimed to increase the punishment for certain types of murder by repealing Section 1(b) of Article 37.071 in the Texas Code of Criminal Procedure. This section previously allowed for life imprisonment without parole as an alternative to the death penalty in capital murder cases. By removing this provision, the bill sought to make the death penalty the sole sentencing option for capital murder convictions. The bill was introduced in response to the 2024 murder of 12-year-old Jocelyn Nungaray in Harris County, Texas, where the perpetrators were initially charged with first-degree murder and could only be charged with capital murder after evidence of aggravated sexual assault was found. SB990 passed the Texas Senate but did not progress further in the legislative process and ultimately died in the House.

Supporters of SB990 argued that the bill would ensure the most severe punishment for the most heinous crimes, such as the murder of children, by eliminating the possibility of life imprisonment without parole in capital murder cases. They believed this change would serve as a stronger deterrent against such crimes and provide justice for victims and their families. The bill received significant support from Republican legislators, with 11 Republican sponsors and one Democrat sponsor, and passed the Senate with a vote of 26-5.

Opponents of SB990 contended that removing the life without parole option would limit judicial discretion and could lead to an increase in death penalty sentences, raising concerns about potential wrongful executions and the ethical implications of capital punishment. They also argued that the bill did not address underlying issues related to crime prevention and rehabilitation. The bill faced opposition in the House, where it failed to advance beyond the committee stage, indicating a lack of consensus on the proposed changes.