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.