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Senate committee recommends expanding death penalty eligibility for child murder under SB 990

Jocelyn Nungaray’s mother went SB 990 hearing that expands death penalty eligibility

A Senate committee has recommended passing Senate Bill 990 to the full Senate, a bill that would expand death penalty eligibility for individuals convicted of murdering children.

The mother of Jocelyn Nungaray, the 12-year-old girl brutally murdered last year, headed to Austin on Tuesday to support Senate Bill 990.

Joining Alexis Nungaray at the hearing was Andy Kahan of Crime Stoppers, who advocates for harsher punishments for those who murder children.

Currently, Texas law does not allow the death penalty for individuals convicted of killing children aged 10 to 15. SB 990 would eliminate this exemption, ensuring that all child murder victims are treated equally under capital punishment guidelines.

“There is just horrific evil out there that has to be stopped, and the slaughter of innocents has to stop.” said Senator Bettencourt. SB 990 comes in response to the tragic murder of Nungaray in Harris County in June 2024.

In the case of Jocelyn Nungaray, Harris County District Attorney Kim Ogg announced in November that her office would pursue the death penalty for the suspects.

They were charged with sexual assault, which makes them eligible for the death penalty. However, SB 990 seeks to remove the need for additional charges like sexual assault to pursue the death penalty in child murder cases.

Filed in January by Senator Paul Bettencourt, SB 990 is part of a broader effort to increase punishments for certain murder offenses. The bill was heard at 8 a.m. at the Texas Capitol. The bill passesed through committee, and will proceed to the Senate floor for a vote.

During the committee hearing, powerful testimony was delivered by family members of young victims. April Aguirre, aunt of 11-year-old Arlene Alvarez, “It’s terrifying, and it is sad that we don’t have this already in place, and it was hard for me to explain to Mr. Gonzales that the death penalty wasn’t on the table for a man that had no mercy on his daughter. Why are we having mercy on monsters?”

Senator Bettencourt echoed her concerns: “April, when I heard about the lack of the death penalty for an injustice case, I asked the same question. And, quite frankly, I was very surprised that we had not extended that to at least 15-year-olds.” SB 990 has received widespread support from law enforcement, prosecutors, and victims’ advocacy groups who argue that the bill is a crucial step in preventing child murders and justice for young victims.

Senator Bettencourt concluded: “What I hope is that Jocelyn and Maria’s deaths are not in vain, that there is a deterrence in the future. If we save just one child because of this…”

Reporter Corley Peel and Photojournalist Cesar Martinez will offer updates from the road and outside the Capitol.

SB 990 addresses a gap in current law by making the murder of children ages 10 to 15 eligible for the death penalty without requiring additional charges like sexual assault.

The bill also includes provisions to remove certain legal restrictions, applying only to future cases. If passed, SB 990 is set to go into effect on September 1, 2025.

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About the Authors
Holly Galvan Posey headshot

Holly joined the KPRC 2 digital team in March 2024, leveraging her eight years of expertise in blogging and digital content to share her passion for Houston. Outside of work, she enjoys exploring the city's vibrant scenes, all while balancing her roles as a wife and mother to two toddlers.

Corley Peel headshot

Corley Peel is a Texas native and Texas Tech graduate who covered big stories in Joplin, Missouri, Tulsa, Oklahoma and Jacksonville, Florida before returning to the Lone Star State. When not reporting, Corley enjoys hot yoga, Tech Football, and finding the best tacos in town.

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