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.