By: Yost H.B. No. 1265
73R1490 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility for parole or mandatory supervision of
1-3 a person convicted of certain offenses committed for the purpose of
1-4 retaliation.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 1, Article 42.01, Code of Criminal
1-7 Procedure, is amended to read as follows:
1-8 Sec. 1. A judgment is the written declaration of the court
1-9 signed by the trial judge and entered of record showing the
1-10 conviction or acquittal of the defendant. The sentence served
1-11 shall be based on the information contained in the judgment. The
1-12 judgment should reflect:
1-13 1. The title and number of the case;
1-14 2. That the case was called and the parties appeared,
1-15 naming the attorney for the state, the defendant, and the attorney
1-16 for the defendant, or, where a defendant is not represented by
1-17 counsel, that the defendant knowingly, intelligently, and
1-18 voluntarily waived the right to representation by counsel;
1-19 3. The plea or pleas of the defendant to the offense
1-20 charged;
1-21 4. Whether the case was tried before a jury or a jury
1-22 was waived;
1-23 5. The submission of the evidence, if any;
1-24 6. In cases tried before a jury that the jury was
2-1 charged by the court;
2-2 7. The verdict or verdicts of the jury or the finding
2-3 or findings of the court;
2-4 8. In the event of a conviction that the defendant is
2-5 adjudged guilty of the offense as found by the verdict of the jury
2-6 or the finding of the court, and that the defendant be punished in
2-7 accordance with the jury's verdict or the court's finding as to the
2-8 proper punishment;
2-9 9. In the event of conviction where death or any
2-10 nonprobated punishment is assessed that the defendant be sentenced
2-11 to death, a term of imprisonment, or to pay a fine, as the case may
2-12 be;
2-13 10. In the event of conviction where any probated
2-14 punishment is assessed that the imposition of sentence is suspended
2-15 and the defendant is placed on probation, setting forth the
2-16 punishment assessed, the length of probation, and the probationary
2-17 terms and conditions;
2-18 11. In the event of acquittal that the defendant be
2-19 discharged;
2-20 12. The county and court in which the case was tried
2-21 and, if there was a change of venue in the case, the name of the
2-22 county in which the prosecution was originated;
2-23 13. The offense or offenses for which the defendant
2-24 was convicted;
2-25 14. The date of the offense or offenses and degree of
2-26 offense for which the defendant was convicted;
2-27 15. The term of sentence;
3-1 16. The date judgment is entered;
3-2 17. The date sentence is imposed;
3-3 18. The date sentence is to commence and any credit
3-4 for time served;
3-5 19. The terms of any order entered pursuant to Article
3-6 42.08 of this code that the defendant's sentence is to run
3-7 cumulatively or concurrently with another sentence or sentences;
3-8 20. The terms of any plea bargain;
3-9 21. Affirmative findings entered pursuant to Article
3-10 42.012 of this code or Subdivision (2) of Subsection (a) of Section
3-11 3g of Article 42.12 of this code;
3-12 22. The terms of any fee payment ordered under
3-13 Articles 37.072 and 42.151 of this code;
3-14 23. The defendant's thumbprint taken in accordance
3-15 with Article 38.33 of this code;
3-16 24. In the event that the judge orders the defendant
3-17 to repay a reward or part of a reward under Articles 37.073 and
3-18 42.152 of this code, a statement of the amount of the payment or
3-19 payments required to be made; and
3-20 25. In the event that the court orders restitution to
3-21 be paid to the victim of a felony, a statement of the amount of
3-22 restitution ordered and:
3-23 (A) the name of the victim and the permanent
3-24 mailing address of the victim at the time of the judgment; or
3-25 (B) if the court determines that the inclusion
3-26 of the victim's name and address in the judgment is not in the best
3-27 interest of the victim, the name and address of a person or agency
4-1 that will accept and forward restitution payments to the victim.
4-2 SECTION 2. Chapter 42, Code of Criminal Procedure, is
4-3 amended by adding Article 42.012 to read as follows:
4-4 Art. 42.012. FINDING ON RETALIATION. The court shall enter
4-5 an affirmative finding as to the issue of retaliation if it is
4-6 shown on the trial of a person convicted of an offense under Title
4-7 5, Penal Code, that:
4-8 (1) the person was previously convicted of an offense;
4-9 and
4-10 (2) the offense for which the person is being tried
4-11 was committed against a person who was a victim of the previous
4-12 offense or was a witness against the defendant in the prosecution
4-13 of the previous offense.
4-14 SECTION 3. Section 8(b)(3), Article 42.18, Code of Criminal
4-15 Procedure, is amended to read as follows:
4-16 (3) If a prisoner is serving a sentence for the
4-17 offenses listed in Subdivision (1)(B), (C), or (D) of Section
4-18 3g(a), Article 42.12 of this code, <or> if the judgment contains an
4-19 affirmative finding under Subdivision (2) of Subsection (a) of
4-20 Section 3g of that article, or if the judgment contains an
4-21 affirmative finding under Article 42.012 of this code, he is not
4-22 eligible for release on parole until his actual calendar time
4-23 served, without consideration of good conduct time, equals
4-24 one-fourth of the maximum sentence or 15 calendar years, whichever
4-25 is less, but in no event shall he be eligible for release on parole
4-26 in less than two calendar years.
4-27 SECTION 4. Section 8(c), Article 42.18, Code of Criminal
5-1 Procedure, is amended to read as follows:
5-2 (c) Except as otherwise provided by this subsection, a
5-3 prisoner who is not on parole shall be released to mandatory
5-4 supervision by order of a parole panel when the calendar time he
5-5 has served plus any accrued good conduct time equal the maximum
5-6 term to which he was sentenced. A prisoner released to mandatory
5-7 supervision shall, upon release, be deemed as if released on
5-8 parole. To the extent practicable, arrangements for the prisoner's
5-9 proper employment, maintenance, and care shall be made prior to his
5-10 release to mandatory supervision. The period of mandatory
5-11 supervision shall be for a period equivalent to the maximum term
5-12 for which the prisoner was sentenced less calendar time actually
5-13 served on the sentence. The time served on mandatory supervision
5-14 is calculated as calendar time. Every prisoner while on mandatory
5-15 supervision shall remain in the legal custody of the state and
5-16 shall be amenable to conditions of supervision ordered by the
5-17 parole panel. A prisoner may not be released to mandatory
5-18 supervision if the prisoner is serving a sentence for an offense
5-19 and the judgment for the offense contains an affirmative finding
5-20 under Article 42.012 of this code or Subdivision (2), Subsection
5-21 (a), Section 3g, Article 42.12, of this code or if the prisoner is
5-22 serving a sentence for:
5-23 (1) a first degree felony under Section 19.02, Penal
5-24 Code (Murder);
5-25 (2) a capital felony under Section 19.03, Penal Code
5-26 (Capital Murder);
5-27 (3) a first degree felony or a second degree felony
6-1 under Section 20.04, Penal Code (Aggravated Kidnapping);
6-2 (4) a second degree felony under Section 22.011, Penal
6-3 Code (Sexual Assault);
6-4 (5) a second degree or third degree felony under
6-5 Section 22.02, Penal Code (Aggravated Assault);
6-6 (6) a first degree felony under Section 22.021, Penal
6-7 Code (Aggravated Sexual Assault);
6-8 (7) a first degree felony under Section 22.03, Penal
6-9 Code (Deadly Assault on Law Enforcement or Corrections Officer or
6-10 Court Participant);
6-11 (8) a first degree felony under Section 22.04, Penal
6-12 Code (Injury to a Child or an Elderly Individual);
6-13 (9) a first degree felony under Section 28.02, Penal
6-14 Code (Arson);
6-15 (10) a second degree felony under Section 29.02, Penal
6-16 Code (Robbery);
6-17 (11) a first degree felony under Section 29.03, Penal
6-18 Code (Aggravated Robbery); or
6-19 (12) a first degree felony under Section 30.02, Penal
6-20 Code (Burglary), if the offense is punished under Subsection (d)(2)
6-21 or (d)(3) of that section.
6-22 SECTION 5. (a) The change in law made by this Act applies
6-23 only to a defendant sentenced for an offense committed on or after
6-24 the effective date of this Act. For purposes of this section, an
6-25 offense is committed before the effective date of this Act if any
6-26 element of the offense occurs before the effective date.
6-27 (b) The eligibility for parole or mandatory supervision of a
7-1 defendant sentenced for an offense committed before the effective
7-2 date of this Act is covered by the law in effect when the offense
7-3 was committed, and the former law is continued in effect for this
7-4 purpose.
7-5 SECTION 6. This Act takes effect September 1, 1993.
7-6 SECTION 7. The importance of this legislation and the
7-7 crowded condition of the calendars in both houses create an
7-8 emergency and an imperative public necessity that the
7-9 constitutional rule requiring bills to be read on three several
7-10 days in each house be suspended, and this rule is hereby suspended.