SRC-CDH H.B. 547 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 547
By: Culberson (Patterson)
Criminal Justice
5-13-97
Engrossed


DIGEST 

In 1994, the U.S. Congress passed the Truth in Sentencing Act, which
provided for $1 billion in criminal justice grants for construction,
operation, and maintenance of prisons and other rehabilitative programs to
all states who qualify.  Currently, Texas does not qualify.  The one major
factor that Texas lacks in order to qualify is a law that requires violent
felons to serve at least 85 percent of their sentence in prison before
being considered for parole.  H.B. 547 amends the Code of Criminal
Procedure to require that all third degree felons serve at least 85
percent of their sentence before being considered for parole. 

PURPOSE

As proposed, H.B. 547 provides for the eligibility for release on parole
of certain inmates serving sentences for violent offenses. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 8(b)(3) and (5), Article 42.18, Code of
Criminal Procedure, to provide that if a prisoner is serving a sentence
for certain offenses, or if the judgment contains certain affirmative
findings, the prisoner is not eligible for release on parole until the
prisoner's actual calender time served, without consideration of good
conduct time, equals 85 percent of the sentence imposed.  Deletes existing
text regarding ineligibility for release on parole until time served
equals one half of the maximum sentence or 30 calender years, with certain
exceptions.  Makes a conforming change. 

SECTION 2. Amends Section 8(m), Article 42.18, Code of Criminal Procedure,
to authorize a prisoner serving a sentence for an offense for which parole
eligibility is otherwise determined under Subsection (b)(3) to become
eligible for special needs parole at a date earlier than the date
calculated under Subsection (b)(3), as designated by a parole panel, if
the prisoner is 65 years of age or older; has served 60 percent of the
prisoner's sentence in calender time; and is determined by the parole
panel to no longer constitute a threat to the victim of the prisoner's
offense or to the public at large. Makes conforming changes.   

SECTION 3. Amends Section 4(a), Article 37.07, Code of Criminal Procedure,
to make conforming changes. 

SECTION 4. Makes application of this Act prospective.

SECTION 5. (a)  Prohibits this Act from being implemented until the later
of certain dates, including the date on which the attorney general or
other attorney representing the interests of the state in the matter of
Ruiz v. Collins certifies to the governor that no federal court retains
jurisdiction to enforce the final judgment entered in that case on
December 11, 1992; or September 1, 1999, but only if an Act of the 76th
Legislature, Regular Session, 1999 does not repeal this Act. 

(b)  Requires certain individuals, after jointly reviewing the capacity of
the facilities of the  Texas Department of Criminal Justice and the
sentencing patterns relating to certain offenses, to report to the
legislature not later than December 1, 1998, on the effect of those
factors on the law as amended by this Act.  

SECTION 6. Emergency clause.
  Effective date:  upon passage.