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.