By Cook H.B. No. 267 74R290 CLG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to requiring as a condition of release on parole or to 1-3 mandatory supervision that certain prisoners obtain general 1-4 equivalency diplomas. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 8(k), Article 42.18, Code of Criminal 1-7 Procedure, is amended to read as follows: 1-8 (k)(1) In addition to other conditions imposed by a parole 1-9 panel under this article, the parole panel shall require as a 1-10 condition of parole or release to mandatory supervision that the 1-11 prisoner demonstrate to the parole panel whether the prisoner has 1-12 an educational skill level that is equal to or greater than the 1-13 average skill level of students who have completed the sixth grade 1-14 in public schools in this state. If the parole panel determines 1-15 that the person has not attained that skill level, the parole panel 1-16 shall require as a condition of parole or release to mandatory 1-17 supervision that the prisoner attain that level of educational 1-18 skill, unless the parole panel determines that the person lacks the 1-19 intellectual capacity or the learning ability to ever achieve that 1-20 level of skill. 1-21 (2) If the parole panel determines that a prisoner who 1-22 does not have a high school diploma or a general equivalency 1-23 diploma has, and has demonstrated, an educational skill level that 1-24 is equal to or greater than the average skill level of a student 2-1 who has completed the seventh grade and half of the credits 2-2 required to complete the eighth grade in a public school of this 2-3 state, the parole panel shall require as a condition of parole or 2-4 release to mandatory supervision that the prisoner obtain a general 2-5 equivalency diploma not later than the 180th day after the date the 2-6 prisoner is released on parole or to mandatory supervision, unless 2-7 the parole panel determines that the person lacks the intellectual 2-8 capacity or the learning ability to obtain the diploma within that 2-9 period. 2-10 SECTION 2. (a) The change in law made by this Act applies 2-11 only to an inmate sentenced to the institutional division of the 2-12 Texas Department of Criminal Justice for an offense committed on or 2-13 after the effective date of this Act. For purposes of this 2-14 section, an offense is committed before the effective date of this 2-15 Act if any element of the offense occurs before the effective date. 2-16 (b) An inmate sentenced for an offense committed before the 2-17 effective date of this Act is covered by the law in effect when the 2-18 offense was committed, and that law is continued in effect for that 2-19 purpose. 2-20 SECTION 3. This Act takes effect September 1, 1995. 2-21 SECTION 4. The importance of this legislation and the 2-22 crowded condition of the calendars in both houses create an 2-23 emergency and an imperative public necessity that the 2-24 constitutional rule requiring bills to be read on three several 2-25 days in each house be suspended, and this rule is hereby suspended.