By:  Eckels                                           H.B. No. 1024
       73R2899 GWK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the release on parole of defendants convicted of
    1-3  certain dangerous crimes; providing a penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 7, Article 42.18, Code of Criminal
    1-6  Procedure, is amended by amending Subsection (e) and adding
    1-7  Subsection (g) to read as follows:
    1-8        (e)  Except as provided by Subsection (g) of this section, in
    1-9  <In> matters of parole, release to mandatory supervision, and
   1-10  revocation of parole or mandatory supervision, the board members
   1-11  shall act in panels comprised of three persons in each panel.  The
   1-12  composition of the respective panels shall be designated by the
   1-13  chairman of the board.  A majority of each panel shall constitute a
   1-14  quorum for the transaction of its business, and its decisions shall
   1-15  be by majority vote.
   1-16        (g)  The board may grant parole to a person serving a
   1-17  sentence for an offense under Section 22.04, 22.041, 22.08, 22.09,
   1-18  25.02, or 25.11, Penal Code, only on a majority vote of the entire
   1-19  membership of the board.
   1-20        SECTION 2.  Section 8(a), Article 42.18, Code of Criminal
   1-21  Procedure, is amended to read as follows:
   1-22        (a)(1)  Except as provided by Subdivisions (2) and (3) of
   1-23  this subsection, a <A> parole panel is authorized to release on
   1-24  parole any person confined in any penal or correctional institution
    2-1  who is eligible for parole under this section.  A parole panel may
    2-2  consider a person for release on parole if the person has been
    2-3  sentenced to a term of imprisonment in the institutional division,
    2-4  is confined in a jail in this state, a federal correctional
    2-5  institution, or a jail or a correctional institution in another
    2-6  state, and is eligible for parole.  A parole panel may release a
    2-7  person on parole during the tentative parole month established for
    2-8  the person if the panel determines that the person's release will
    2-9  not increase the likelihood of harm to the public or that the
   2-10  person has not failed to progress in the manner required by the
   2-11  panel in Subsection (e) of this section.  The institutional
   2-12  division may provide the pardons and paroles division with sentence
   2-13  time credit information on persons described in this subsection and
   2-14  the pardons and paroles division may develop its own sentence time
   2-15  credit information on persons described by this subsection, but in
   2-16  either event, good time credit shall be calculated for a person as
   2-17  if the person were confined in the institutional division during
   2-18  the entire time the person was actually confined.  The period of
   2-19  parole shall be equivalent to the maximum term for which the
   2-20  prisoner was sentenced less calendar time actually served on the
   2-21  sentence. Every prisoner while on parole shall remain in the legal
   2-22  custody of the pardons and paroles division and shall be amenable
   2-23  to conditions of supervision ordered under this article.  All
   2-24  paroles shall issue upon order of a parole panel.
   2-25              (2)  A parole panel may not release on parole an inmate
   2-26  serving a sentence for an offense under Section 19.02 or 19.03,
   2-27  Penal Code, who is otherwise eligible for release on parole if any
    3-1  inmate serving a sentence for an offense other than an offense
    3-2  under Section 19.02 or 19.03 is eligible for release and has not
    3-3  been released.
    3-4              (3)  A parole panel may not release on parole an inmate
    3-5  serving a sentence for an offense under any of the following
    3-6  sections of the Penal Code who is otherwise eligible for release on
    3-7  parole if any inmate serving a sentence for an offense other than
    3-8  an offense under Section 19.02 or 19.03 or an offense listed in
    3-9  this subdivision is eligible for release and has not been released:
   3-10                    (A)  Section 19.04;
   3-11                    (B)  Section 19.07;
   3-12                    (C)  Section 20.03;
   3-13                    (D)  Section 20.04;
   3-14                    (E)  Section 21.11;
   3-15                    (F)  Section 22.01;
   3-16                    (G)  Section 22.011;
   3-17                    (H)  Section 22.012;
   3-18                    (I)  Section 22.02;
   3-19                    (J)  Section 22.021;
   3-20                    (K)  Section 22.03;
   3-21                    (L)  Section 25.031;
   3-22                    (M)  Section 25.04;
   3-23                    (N)  Section 25.06;
   3-24                    (O)  Section 29.03;
   3-25                    (P)  Section 38.17; or
   3-26                    (Q)  Section 43.25.
   3-27        SECTION 3.  Section 8(b)(3), Article 42.18, Code of Criminal
    4-1  Procedure, is amended to read as follows:
    4-2              (3)  If a prisoner is serving a sentence for an offense
    4-3  <the offenses> listed in Subsection (a)(2) or (3) <Subdivision
    4-4  (1)(B), (C), or (D) of  Section 3g(a), Article 42.12> of this
    4-5  section <code>, or if the judgment contains an affirmative finding
    4-6  under Subdivision (2) of Subsection (a) of  Section 3g of that
    4-7  article, he is not eligible for release on parole until his actual
    4-8  calendar time served, without consideration of good conduct time,
    4-9  equals one-fourth of the maximum sentence or 15 calendar years,
   4-10  whichever is less, but in no event shall he be eligible for release
   4-11  on parole in less than two  calendar years.
   4-12        SECTION 4.  Chapter 39, Penal Code, is amended by adding
   4-13  Section 39.011 to read as follows:
   4-14        Sec. 39.011.  IMPROPER PAROLE.  (a)  A member of the Board of
   4-15  Pardons and Paroles commits an offense if the member votes to
   4-16  release an inmate on parole and the member knows:
   4-17              (1)  the inmate is not eligible for release under
   4-18  Section 8(b), Article 42.18, Code of Criminal Procedure; or
   4-19              (2)  release of the inmate is not permitted under
   4-20  Section 8(a), Article 42.18, Code of Criminal Procedure.
   4-21        (b)  An offense under this section is a felony of the second
   4-22  degree.
   4-23        SECTION 5.  (a)  The changes in law made by Sections 1-3 of
   4-24  this Act apply only to an inmate sentenced for an offense committed
   4-25  on or after the effective date of this Act.  For purposes of this
   4-26  section, an offense is committed before the effective date of this
   4-27  Act if any element of the offense occurs before the effective date.
    5-1        (b)  An inmate sentenced for an offense committed before the
    5-2  effective date of this  Act is covered by the law in effect when
    5-3  the offense was committed, and the former law is continued in
    5-4  effect for this purpose.
    5-5        SECTION 6.  This Act takes effect September 1, 1993.
    5-6        SECTION 7.  The importance of this legislation and the
    5-7  crowded condition of the calendars in both houses create an
    5-8  emergency   and   an   imperative   public   necessity   that   the
    5-9  constitutional rule requiring bills to be read on three several
   5-10  days in each house be suspended, and this rule is hereby suspended.