By Madden H.B. No. 194
74R199 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring as a condition of release on parole or
1-3 mandatory supervision that a prisoner demonstrate a certain level
1-4 of educational skill.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 8(b), Article 42.18, Code of Criminal
1-7 Procedure, is amended by adding Subdivision (6) to read as follows:
1-8 (6) A parole panel may not release a prisoner
1-9 otherwise eligible for release under this subsection unless the
1-10 parole panel determines that the prisoner has, and has
1-11 demonstrated, an educational skill level that is equal to or
1-12 greater than the average skill level of students who have completed
1-13 the eighth grade in the public schools of this state or that the
1-14 prisoner lacks the intellectual capacity or the learning ability to
1-15 achieve that level of skill.
1-16 SECTION 2. Section 8(c), Article 42.18, Code of Criminal
1-17 Procedure, is amended to read as follows:
1-18 (c) Except as otherwise provided by this subsection, a
1-19 prisoner who is not on parole shall be released to mandatory
1-20 supervision by order of a parole panel when the calendar time he
1-21 has served plus any accrued good conduct time equal the maximum
1-22 term to which he was sentenced. A parole panel may not order the
1-23 release of a prisoner otherwise eligible for release under this
1-24 subsection unless the parole panel determines that the prisoner
2-1 has, and has demonstrated, an educational skill level that is equal
2-2 to or greater than the average skill level of students who have
2-3 completed the eighth grade in the public schools of this state or
2-4 that the prisoner lacks the intellectual capacity or the learning
2-5 ability to achieve that level of skill. A prisoner released to
2-6 mandatory supervision shall, upon release, be deemed as if released
2-7 on parole. To the extent practicable, arrangements for the
2-8 prisoner's proper employment, maintenance, and care shall be made
2-9 prior to his release to mandatory supervision. The period of
2-10 mandatory supervision shall be for a period equivalent to the
2-11 maximum term for which the prisoner was sentenced less calendar
2-12 time actually served on the sentence. The time served on mandatory
2-13 supervision is calculated as calendar time. Every prisoner while
2-14 on mandatory supervision shall remain in the legal custody of the
2-15 state and shall be amenable to conditions of supervision ordered by
2-16 the parole panel. A prisoner may not be released to mandatory
2-17 supervision if the prisoner is serving a sentence for an offense
2-18 and the judgment for the offense contains an affirmative finding
2-19 under Subdivision (2), Subsection (a), Section 3g, Article 42.12,
2-20 of this code or if the prisoner is serving a sentence for:
2-21 (1) a first degree felony under Section 19.02, Penal
2-22 Code (Murder);
2-23 (2) a capital felony under Section 19.03, Penal Code
2-24 (Capital Murder);
2-25 (3) a first degree felony or a second degree felony
2-26 under Section 20.04, Penal Code (Aggravated Kidnapping);
2-27 (4) a second degree felony under Section 22.011, Penal
3-1 Code (Sexual Assault);
3-2 (5) a second degree or first degree felony under
3-3 Section 22.02, Penal Code (Aggravated Assault);
3-4 (6) a first degree felony under Section 22.021, Penal
3-5 Code (Aggravated Sexual Assault);
3-6 (7) a first degree felony under Section 22.04, Penal
3-7 Code (Injury to a Child or an Elderly Individual);
3-8 (8) a first degree felony under Section 28.02, Penal
3-9 Code (Arson);
3-10 (9) a second degree felony under Section 29.02, Penal
3-11 Code (Robbery);
3-12 (10) a first degree felony under Section 29.03, Penal
3-13 Code (Aggravated Robbery);
3-14 (11) a first degree felony under Section 30.02, Penal
3-15 Code (Burglary), if the offense is punished under Subsection (d)(2)
3-16 or (d)(3) of that section; or
3-17 (12) <(13)> a felony for which the punishment is
3-18 increased under Section 481.134, Health and Safety Code (Drug-Free
3-19 Zones).
3-20 SECTION 3. Section 8(k), Article 42.18, Code of Criminal
3-21 Procedure, is repealed.
3-22 SECTION 4. (a) The change in law made by this Act applies
3-23 only to a prisoner sentenced for an offense committed on or after
3-24 the effective date of this Act. For purposes of this section, an
3-25 offense is committed before the effective date of this Act if any
3-26 element of the offense occurs before the effective date.
3-27 (b) A prisoner sentenced for an offense committed before the
4-1 effective date of this Act is covered by the law in effect when the
4-2 offense was committed, and the former law is continued in effect
4-3 for that purpose.
4-4 SECTION 5. This Act takes effect September 1, 1995.
4-5 SECTION 6. The importance of this legislation and the
4-6 crowded condition of the calendars in both houses create an
4-7 emergency and an imperative public necessity that the
4-8 constitutional rule requiring bills to be read on three several
4-9 days in each house be suspended, and this rule is hereby suspended.