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Senator Lucio�s Life Without Parole Bill Is Now
Law
CAPITAL UPDATE
by Senator Eddie Lucero
On June 17, Texans were given a more certain option of permanently locking up dangerous criminals not destined for the death penalty. The Governor signed into law, Senate Bill 60, a bill I have introduced for the past six years that gives Texas juries the sentencing option of life without parole.
In doing so, the Governor has joined the Texas public, the families of victims, and the majority of the Legislature in supporting this important measure that will bring certainty to the families of victims of violent crime.
I thank Sen. Rodney Ellis, Sen. Juan Hinojosa, and Sen. Leticia Van de Putte,
co-authors of the bill. I must also congratulate Rep. Tony Goolsby, the House Sponsor, for his tireless efforts on this issue. Others who also merit kudos for their support are Sen. John Whitmire, Chairman of the Senate Criminal Justice Committee and his counterpart, Rep. Terry Keel, Chairman of the House Criminal Jurisprudence Committee. And those most deserving of praise are the family members of victims who pushed for this measure and had the courage to come to the Capitol and share their experiences with their legislators.
Life without parole means certain punishment. Under this law, the state of Texas doesn�t have to be concerned about future Supreme Court rulings abolishing the death penalty, about parole hearings, or about early releases for capital murderers. It is final, definitive and certain!
This proposed law not only allows for life without parole as a sentencing option in capital cases where the prosecution is seeking the death penalty, but it also offers this option in those capital cases where the death penalty is not sought.
Financially, this law will have a minimal impact. The Criminal Justice Policy Council reported in 2003 that the longerterm costs incurred from incarcerating and caring for life without parole inmates will only be a marginal increase from the costs presently incurred from inmates serving life sentences.
Texans want the sentence of life without parole available to juries in capital murder cases to strengthen our criminal justice system and safeguard our neighborhoods.
Several other provisions were added to the bill during debate in the House. While most of the changes were of a technical nature, the provision that now codifies the U.S. Supreme Court ban prohibiting the death penalty for juveniles who commit a capital crime when younger than 18 is the most noteworthy. With the federal prohibition on the death sentence for juveniles in capital cases, Senate Bill 60 has become a critical piece of legislation. The safety of the citizens of this state demands this. Now we can prevent juveniles, whom Texas juries would previously sentence to death, from ever re-entering our communities.
Currently 47 states offer life without parole as a sentencing option. Moreover, 36 of the 38 states that allow the death penalty offer life without parole as a sentencing option. Only Alaska and New Mexico had stood with Texas in not having this option available.
A 2004 Scripps-Howard Texas Poll has indicated that 78 percent of the respondents favor life without parole. The same Texas Poll shows that support for the death penalty actually increases slightly with the additional option of life without parole.
Regarding concerns raised about the behavior of inmates incarcerated for life, there is a 15-year study conducted in Missouri comparing the institutional violence rates of 323 life without parole inmates with 232 life with parole inmates that found that the life-without-parole inmates were no more dangerous or violent than the other inmates. These inmates can only look forward to the awarding of privileges (such as recreation and visitation)--key motivators to good behavior.
This is all about certainty. Life without parole is the only option in a capital case that provides certainty for the families of victims. Life without parole is the norm across this country; Texans want it, jurors want it, and victims deserve it! And most importantly, Senate Bill 60 is for the victims and their families. It is a good law for Texas.
Senator Eddie Lucio, Jr., a native of Brownsville, represents District 27 in the Texas Senate. District 27, in South Texas, includes all or portions of Cameron, Hidalgo, Kenedy, Kleberg, and Willacy Counties.
He was elected to the Texas Senate in November 1990. He is now in his sixth term in the Senate after serving two terms in the Texas House of Representatives. He began his public service in 1971 when he became Cameron County Treasurer as the youngest county treasurer ever elected in Texas. He also later served as a Cameron County Commissioner.
In the Texas Senate, Senator Lucio serves as Chairman of the International Relations and Trade Committee and as a member of the Business and Commerce Committee, the Nominations Committee, the State Affairs Committee, and the Subcommittee on Emerging Technologies & Economic Development.
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