1-1  By:  Hamric, et al. (Senate Sponsor - Brown)          H.B. No. 1433
    1-2        (In the Senate - Received from the House May 15, 1995;
    1-3  May 16, 1995, read first time and referred to Committee on Criminal
    1-4  Justice; May 24, 1995, reported favorably by the following vote:
    1-5  Yeas 4, Nays 0; May 24, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the eligibility for release on mandatory supervision of
    1-9  certain inmates of the institutional division of the Texas
   1-10  Department of Criminal Justice.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Section 8(c), Article 42.18, Code of Criminal
   1-13  Procedure, is amended to read as follows:
   1-14        (c)  Except as otherwise provided by this subsection and
   1-15  Subsection (c-1), a prisoner who is not on parole shall be released
   1-16  to mandatory supervision by order of a parole panel when the
   1-17  calendar time he has served plus any accrued good conduct time
   1-18  equal the maximum term to which he was sentenced.  A prisoner
   1-19  released to mandatory supervision shall, upon release, be deemed as
   1-20  if released on parole.  To the extent practicable, arrangements for
   1-21  the prisoner's proper employment, maintenance, and care shall be
   1-22  made prior to his release to mandatory supervision.  The period of
   1-23  mandatory supervision shall be for a period equivalent to the
   1-24  maximum term for which the prisoner was sentenced less calendar
   1-25  time actually served on the sentence.  The time served on mandatory
   1-26  supervision is calculated as calendar time.  Every prisoner while
   1-27  on mandatory supervision shall remain in the legal custody of the
   1-28  state and shall be amenable to conditions of supervision ordered by
   1-29  the parole panel.  A prisoner may not be released to mandatory
   1-30  supervision if the prisoner is serving  or has previously been
   1-31  convicted <a sentence> for an offense and the judgment for the
   1-32  offense contains an affirmative finding under Subdivision (2),
   1-33  Subsection (a), Section 3g, Article 42.12, of this code or if the
   1-34  prisoner is serving a sentence for or has previously been convicted
   1-35  of:
   1-36              (1)  a first degree felony under Section 19.02, Penal
   1-37  Code (Murder);
   1-38              (2)  a capital felony under Section 19.03, Penal Code
   1-39  (Capital Murder);
   1-40              (3)  a first degree felony or a second degree felony
   1-41  under Section 20.04, Penal Code (Aggravated Kidnapping);
   1-42              (4)  a second degree felony under Section 22.011, Penal
   1-43  Code (Sexual Assault);
   1-44              (5)  a second degree or first degree felony under
   1-45  Section 22.02, Penal Code (Aggravated Assault);
   1-46              (6)  a first degree felony under Section 22.021, Penal
   1-47  Code (Aggravated Sexual Assault);
   1-48              (7)  a first degree felony under Section 22.04, Penal
   1-49  Code (Injury to a Child, <or an> Elderly Individual, or Disabled
   1-50  Individual);
   1-51              (8)  a first degree felony under Section 28.02, Penal
   1-52  Code (Arson);
   1-53              (9)  a second degree felony under Section 29.02, Penal
   1-54  Code (Robbery);
   1-55              (10)  a first degree felony under Section 29.03, Penal
   1-56  Code (Aggravated Robbery);
   1-57              (11)  a first degree felony under Section 30.02, Penal
   1-58  Code (Burglary)<, if the offense is punished under Subsection
   1-59  (d)(2) or (d)(3) of that section>; or
   1-60              (12) <(13)>  a felony for which the punishment is
   1-61  increased under Section 481.134, Health and Safety Code (Drug-Free
   1-62  Zones).
   1-63        SECTION 2.  Section 8, Article 42.18, Code of Criminal
   1-64  Procedure, is amended by adding Subsection (c-1) to read as
   1-65  follows:
   1-66        (c-1)  A prisoner may not be released on mandatory
   1-67  supervision if a parole panel determines that the prisoner's
   1-68  accrued good conduct time is not an accurate reflection of the
    2-1  prisoner's potential for rehabilitation and that the prisoner's
    2-2  release would endanger the public.  A parole panel that makes a
    2-3  determination under this section shall specify in writing the
    2-4  reasons for the determination.  A determination under this
    2-5  subsection is not subject to administrative or judicial review,
    2-6  except that the parole panel making the determination shall
    2-7  reconsider the prisoner for release on mandatory supervision at
    2-8  least twice during the two years after the date of the
    2-9  determination.  If a parole panel on both the first and second
   2-10  reconsiderations under this subsection determines that the prisoner
   2-11  should not be released on mandatory supervision, the prisoner
   2-12  becomes permanently ineligible for release on mandatory supervision
   2-13  and may be released only on parole or completion of sentence.
   2-14        SECTION 3.  (a)  The change in law made by this Act applies
   2-15  only to a prisoner serving a sentence for an offense committed on
   2-16  or after the effective date of this Act.  For purposes of this
   2-17  section, an offense is committed before the effective date of this
   2-18  Act if any element of the offense occurs before the effective date.
   2-19        (b)  A prisoner serving a sentence for an offense committed
   2-20  before the effective date of this Act is covered by the law in
   2-21  effect when the offense was committed, and the former law is
   2-22  continued in effect for that purpose.
   2-23        SECTION 4.  This Act takes effect September 1, 1995.
   2-24        SECTION 5.  The importance of this legislation and the
   2-25  crowded condition of the calendars in both houses create an
   2-26  emergency and an imperative public necessity that the
   2-27  constitutional rule requiring bills to be read on three several
   2-28  days in each house be suspended, and this rule is hereby suspended.
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