PETITION FOR LEGISLATIVE REPEAL OF TEXAS PENAL CODE § 7.02(b) (The “Law of Parties” – Conspiracy Liability Provision)

PETITION FOR LEGISLATIVE REPEAL OF TEXAS PENAL CODE § 7.02(b)
(The “Law of Parties” – Conspiracy Liability Provision)

TO THE HONORABLE MEMBERS OF THE TEXAS LEGISLATURE:

We, the undersigned citizens of the State of Texas, respectfully petition the Legislature to repeal Texas Penal Code § 7.02(b), commonly referred to as the “Law of Parties” conspiracy liability provision, and to restore proportional criminal responsibility consistent with constitutional principles of due process, individual culpability, and fundamental fairness.

I. STATEMENT OF THE ISSUE

Texas Penal Code § 7.02(b) provides that:

“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… 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 statute permits individuals to be convicted — and in capital cases, sentenced to death or life without parole — for crimes they:

Did not personally commit

Did not intend to commit

Did not anticipate in fact

Did not directly participate in

The statute allows conviction based on what “should have been anticipated,” creating a foreseeability standard untethered from actual intent to kill.

II. LEGAL AND CONSTITUTIONAL CONCERNS
A. Disproportionate Punishment

Section 7.02(b) authorizes punishment equal to that of the primary actor, including capital punishment, despite differing levels of participation and intent. This conflicts with evolving standards of decency under the Eighth Amendment to the United States Constitution and Article I, § 13 of the Texas Constitution.

In Enmund v. Florida (1982), the United States Supreme Court held that the death penalty is disproportionate for a defendant who neither killed nor intended to kill. Although later narrowed by Tison v. Arizona (1987), the Court still required major participation combined with reckless indifference to human life. Texas’ 7.02(b) framework stretches beyond these constitutional guardrails.

B. Foreseeability Is an Unstable Standard for Capital Liability

The phrase “should have anticipated” introduces speculation rather than proof of actual intent. Criminal liability for capital murder should require specific intent to kill, not retrospective assumptions about what might have been foreseeable.

The statute shifts the focus from individual mens rea to group association, undermining centuries of Anglo-American criminal jurisprudence that punishment must be personal and proportionate.

C. Texas Is an Outlier

Texas remains one of the few states that allows the death penalty under such an expansive conspiracy liability framework. This has led to national and international criticism and undermines confidence in the fairness of the Texas justice system.

III. PUBLIC POLICY CONCERNS

Risk of Wrongful Convictions
The broadened liability increases the risk of wrongful or excessive punishment.

Disincentive for Rehabilitation
Individuals who neither killed nor intended to kill may receive the harshest sentences available.

Undermines Public Confidence
The public reasonably expects that punishment corresponds to actual conduct and intent.

Moral and Ethical Concerns
Punishing association rather than action erodes foundational principles of justice.

IV. REQUESTED LEGISLATIVE ACTION

We respectfully request that the Texas Legislature:

Repeal Texas Penal Code § 7.02(b) in its entirety, OR

Amend § 7.02(b) to:

Require proof of specific intent to kill for capital liability;

Prohibit capital punishment for non-triggermen absent clear, direct intent;

Ensure proportional sentencing consistent with individual culpability.

V. PROPOSED STATUTORY REPEAL LANGUAGE

SECTION 1. Texas Penal Code § 7.02(b) is hereby repealed.

SECTION 2. All prosecutions initiated after the effective date of this Act shall be governed by principles requiring individualized proof of intent for offenses carrying capital or life-without-parole penalties.

SECTION 3. Retroactive review procedures shall be established for individuals currently incarcerated under convictions obtained pursuant to § 7.02(b).

VI. CONCLUSION

Justice in Texas must reflect individual responsibility, constitutional safeguards, and proportional punishment. The continued enforcement of Texas Penal Code § 7.02(b) permits extreme penalties without proof of intent to kill and conflicts with evolving standards of fairness.

For these reasons, we respectfully urge the Legislature to repeal § 7.02(b) and restore proportional justice to the criminal code.

Respectfully submitted,
[Name(s)]
[Address(es)]
[Date]