| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to changing the eligibility for release on parole of |
|
|
certain inmates serving sentences for trafficking offenses |
|
|
involving one or more child victims. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 42, Code of Criminal Procedure, is |
|
|
amended by adding Article 42.01991 to read as follows: |
|
|
Art. 42.01991. FINDING REGARDING AGREEMENT ON PAROLE |
|
|
ELIGIBILITY FOR CERTAIN DEFENDANTS. (a) This article applies only |
|
|
in the trial of an offense under Section 20A.02(a)(5), (6), (7), or |
|
|
(8), Penal Code, in which: |
|
|
(1) the defendant enters a plea of guilty; and |
|
|
(2) the attorney representing the state, the attorney |
|
|
representing the defendant, and the defendant agree in writing that |
|
|
the defendant will become eligible for release on parole as |
|
|
described by Section 508.145(c-1)(2), Government Code. |
|
|
(b) In the trial of an offense to which this article |
|
|
applies, on the motion of the attorney representing the state, the |
|
|
judge shall make an affirmative finding of fact that the parties |
|
|
have entered into the agreement described by Subsection (a)(2) and |
|
|
shall enter the affirmative finding in the judgment in the case. |
|
|
SECTION 2. Section 508.145, Government Code, is amended by |
|
|
amending Subsection (a) and adding Subsection (c-1) to read as |
|
|
follows: |
|
|
(a) An inmate is not eligible for release on parole if the |
|
|
inmate is under sentence of death, serving a sentence of life |
|
|
imprisonment without parole, or serving a sentence for any of the |
|
|
following offenses under the Penal Code: |
|
|
(1) Section 20A.03, if the offense is based partly or |
|
|
wholly on conduct constituting an offense under Section |
|
|
20A.02(a)(5), (6), (7), or (8); |
|
|
(2) [serving a sentence for an offense under] Section |
|
|
21.02; or |
|
|
(3) [, Penal Code, or serving a sentence for an offense |
|
|
under] Section 22.021, if the offense [Penal Code, that] is |
|
|
punishable under Subsection (f) of that section [is not eligible |
|
|
for release on parole]. |
|
|
(c-1)(1) Except as provided by Subdivision (2), an inmate |
|
|
serving a sentence for an offense under Section 20A.02(a)(5), (6), |
|
|
(7), or (8), Penal Code, is not eligible for release on parole. |
|
|
(2) An inmate serving a sentence for an offense |
|
|
described by Subdivision (1) for which the judgment in the case |
|
|
contains an affirmative finding under Article 42.01991, Code of |
|
|
Criminal Procedure, is not eligible for release on parole until the |
|
|
inmate's actual calendar time served, without consideration of good |
|
|
conduct time, equals one-half of the sentence or 30 calendar years, |
|
|
whichever is less, but in no event is the inmate eligible for |
|
|
release on parole in less than two calendar years. |
|
|
SECTION 3. Section 508.145(d)(1), Government Code, is |
|
|
amended to read as follows: |
|
|
(d)(1) This subsection applies only to an inmate who is |
|
|
serving a sentence for: |
|
|
(A) an offense described by Article 42A.054(a), |
|
|
Code of Criminal Procedure, other than an offense under Section |
|
|
19.03, Penal Code, or an offense under Chapter 20A, Penal Code, that |
|
|
is described by Subsection (a)(1) or (c-1)(1); |
|
|
(B) an offense for which the judgment contains an |
|
|
affirmative finding under Article 42A.054(c) or (d), Code of |
|
|
Criminal Procedure; or |
|
|
(C) [an offense under Section 20A.03, Penal Code; |
|
|
or |
|
|
[(D)] an offense under Section 71.02 or 71.023, |
|
|
Penal Code. |
|
|
SECTION 4. The change in law made by this Act applies only |
|
|
to an offense committed on or after the effective date of this Act. |
|
|
An offense committed before the effective date of this Act is |
|
|
governed by the law in effect on the date the offense was committed, |
|
|
and the former law is continued in effect for that purpose. For |
|
|
purposes of this section, an offense was committed before the |
|
|
effective date of this Act if any element of the offense occurred |
|
|
before that date. |
|
|
SECTION 5. This Act takes effect September 1, 2021. |