By Madla S.B. No. 236
74R2916 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to jury instructions on the county in which an inmate is
1-3 required to reside after being released on parole.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 4, Article 37.07, Code of Criminal
1-6 Procedure, is amended by adding Subsection (e) to read as follows:
1-7 (e) In the penalty phase of the trial of a felony case in
1-8 which the punishment is to be assessed by the jury rather than the
1-9 court, in addition to the charge given the jury under Subsection
1-10 (a), (b), or (c), the court shall charge the jury in writing as
1-11 follows:
1-12 "Under the law applicable in this case, the defendant, if
1-13 released on parole, shall be required to reside:
1-14 (1) in the county in which the defendant resided at
1-15 the time of committing the offense, unless the defendant was a
1-16 resident of another state at the time of committing the offense, in
1-17 which event the defendant shall be required to reside in the county
1-18 in which the offense was committed;
1-19 (2) in any other county in which a parole panel of the
1-20 Board of Pardons and Paroles requires the defendant to reside, as
1-21 necessary to protect the safety of the victim or to increase the
1-22 likelihood of the defendant's successful completion of parole; or
1-23 (3) at the discretion of the parole panel, in another
1-24 state."
2-1 SECTION 2. This Act takes effect September 1, 1995, and
2-2 applies only to a trial the punishment phase of which commences on
2-3 or after that date.
2-4 SECTION 3. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended.