BILL ANALYSIS C.S.H.B. 1533 By: Greenberg 04-19-95 Committee Report (Substituted) BACKGROUND Under current law a person convicted of a capital felony must have a two-thirds vote of the entire membership of the parole board before being granted parole. PURPOSE If enacted, C.S.H.B. 1533 would require a two-thirds vote of the entire board for parole to be granted to a person convicted of capital murder, indecency with a child, or aggravated sexual assault. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 7(g), Article 42.18, Code of Criminal Procedure (ADULT PAROLE AND MANDATORY SUPERVISION LAW), by requiring a two-thirds vote of the entire parole board membership for persons convicted of felonies under Section 19.03, 21.11(a)(1), or 22.021, Penal Code. SECTION 2. (a) Change in law made by this Act applies only to an inmate serving a sentence for an offense committed on or after the effective date of the Act. (b) Makes effect of the Act prospective. SECTION 3. Effective date: September 1, 1995. SECTION 4. Emergency clause. COMPARISON OF SUBSTITUTE TO ORIGINAL SECTION 1 (substitute). Deletes Section 22.011, Penal Code (SEXUAL ASSAULT), from the list of offenses that require a two-thirds vote of the entire membership of the board for parole. Makes the offense under Section 21.11, Penal Code (INDECENCY WITH A CHILD), more specific for requiring a two-thirds vote of the parole board. The substitute bill lists the offense of engaging in sexual contact with a child, but not exposing oneself to a child. SUMMARY OF COMMITTEE ACTION HB 1533 was considered by the full committee in a public hearing on April 10, 1995. The following person testified in favor of the bill: Laura Lyons, representing the Austin Rape Crisis Center. HB 1533 was left pending. HB 1533 was considered by the full committee in a public hearing on April 19, 1995. The committee considered a substitute to the bill. HB 1533 was reported favorably as substituted, with the recommendation that it do pass and be printed by a record vote of 6 ayes, 0 nays, 0 pnv, and 3 absent.