By Talton                                               H.B. No. 88

      75R522 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the eligibility for release on parole of certain

 1-3     dangerous offenders.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 8(b), Article 42.18, Code of Criminal

 1-6     Procedure, is amended to read as follows:

 1-7           (b)(1)  An inmate [A prisoner under sentence of death] is not

 1-8     eligible for release on parole if the inmate:

 1-9                       (A)  is under sentence of death or [.]

1-10                 [(2)  If a prisoner] is serving a life sentence for a

1-11     capital felony;

1-12                       (B)  [, the prisoner is not eligible for release

1-13     on parole until the actual calendar time the prisoner has served,

1-14     without consideration of good conduct time, equals 40 calendar

1-15     years.  If a prisoner] is serving a [life] sentence imposed under

1-16     Section 12.42(d)(2), Penal Code;

1-17                       (C)  [, the prisoner is not eligible for release

1-18     on parole until the actual calendar time the prisoner has served,

1-19     without consideration of good conduct time, equals 35 calendar

1-20     years.]

1-21                 [(3)  If a prisoner] is serving a sentence for the

1-22     offenses described by Subdivision (1)[(A), (C), (D), (E), (F), or

1-23     (G)] of Section 3g(a), Article 42.12 of this code; or

1-24                       (D)  is serving a sentence the [, or if the]

 2-1     judgment for which contains an affirmative finding under

 2-2     Subdivision (2) of Subsection (a) of Section 3g, Article 42.12 of

 2-3     this code [of that article, he is not eligible for release on

 2-4     parole until his actual calendar time served, without consideration

 2-5     of good conduct time, equals one-half of the maximum sentence or 30

 2-6     calendar years, whichever is less, but in no event shall he be

 2-7     eligible for release on parole in less than two calendar years].

 2-8                 (2) [(4)]  If an inmate [a prisoner] is serving a

 2-9     sentence for which the punishment is increased under Section

2-10     481.134, Health and Safety Code, the inmate [prisoner] is not

2-11     eligible for release on parole until the inmate's [prisoner's]

2-12     actual calendar time served, without consideration of good conduct

2-13     time, equals five years or the maximum term to which the inmate

2-14     [prisoner] was sentenced, whichever is less.  If an inmate is

2-15     serving a sentence for an offense described by this subdivision and

2-16     Subdivision (1), the eligibility of the inmate for release on

2-17     parole is controlled by Subdivision (1).

2-18                 (3) [(5)]  Except as provided by Subsection (m) of this

2-19     section, all other inmates [prisoners] shall be eligible for

2-20     release on parole when their calendar time served plus good conduct

2-21     time equals one-fourth of the maximum sentence imposed or 15 years,

2-22     whichever is less.

2-23           SECTION 2.  (a)  The change in law made by this Act applies

2-24     only to an inmate serving a sentence for an offense committed on or

2-25     after the effective date of this Act.  For purposes of this

2-26     section, an offense is committed before the effective date of this

2-27     Act if any element of the offense occurs before the effective date.

 3-1           (b)  An inmate serving a sentence for an offense committed

 3-2     before the effective date of this Act is covered by the law in

 3-3     effect when the offense was committed, and the former law is

 3-4     continued in effect for this purpose.

 3-5           SECTION 3.  This Act takes effect September 1, 1997.

 3-6           SECTION 4.  The importance of this legislation and the

 3-7     crowded condition of the calendars in both houses create an

 3-8     emergency and an imperative public necessity that the

 3-9     constitutional rule requiring bills to be read on three several

3-10     days in each house be suspended, and this rule is hereby suspended.