By Nixon                                         H.B. No. 287

      75R549 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to requiring as a condition of release on parole or

 1-3     mandatory supervision that a prisoner have a high school diploma or

 1-4     general equivalency diploma.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 8(b), Article 42.18, Code of Criminal

 1-7     Procedure, is amended by adding Subdivision (6) to read as follows:

 1-8                 (6)  A parole panel may not release a prisoner

 1-9     otherwise eligible for release under this subsection unless the

1-10     prisoner has a high school diploma or a general equivalency

1-11     diploma.  This subdivision does not apply to a prisoner determined

1-12     by the parole panel to lack the intellectual capacity or the

1-13     learning ability to obtain such a diploma.

1-14           SECTION 2.  Section 8(c), Article 42.18, Code of Criminal

1-15     Procedure, is amended to read as follows:

1-16           (c)  Except as otherwise provided by this subsection and

1-17     Subsection (c-1), a prisoner who is not on parole shall be released

1-18     to mandatory supervision by order of a parole panel when the

1-19     calendar time he has served plus any accrued good conduct time

1-20     equal the maximum term to which he was sentenced.  A parole panel

1-21     may not order the release of a prisoner otherwise eligible for

1-22     release under this subsection unless the prisoner has a high school

1-23     diploma or a general equivalency diploma or unless the parole panel

1-24     determines that the prisoner lacks the intellectual capacity or the

 2-1     learning ability to obtain such a diploma.  A prisoner released to

 2-2     mandatory supervision shall, upon release, be deemed as if released

 2-3     on parole.  To the extent practicable, arrangements for the

 2-4     prisoner's proper employment, maintenance, and care shall be made

 2-5     prior to his release to mandatory supervision.  The period of

 2-6     mandatory supervision shall be for a period equivalent to the

 2-7     maximum term for which the prisoner was sentenced less calendar

 2-8     time actually served on the sentence.  The time served on mandatory

 2-9     supervision is calculated as calendar time.  Every prisoner while

2-10     on mandatory supervision shall remain in the legal custody of the

2-11     state and shall be amenable to conditions of supervision ordered by

2-12     the parole panel.  A prisoner may not be released to mandatory

2-13     supervision if the prisoner is serving or has previously been

2-14     convicted for an offense and the judgment for the offense contains

2-15     an affirmative finding under Subdivision (2), Subsection (a),

2-16     Section 3g, Article 42.12, of this code or if the prisoner is

2-17     serving a sentence for or has previously been convicted of:

2-18                 (1)  a first degree felony under Section 19.02, Penal

2-19     Code (Murder);

2-20                 (2)  a capital felony under Section 19.03, Penal Code

2-21     (Capital Murder);

2-22                 (3)  a first degree felony or a second degree felony

2-23     under Section 20.04, Penal Code (Aggravated Kidnapping);

2-24                 (4)  a second degree felony under Section 22.011, Penal

2-25     Code (Sexual Assault);

2-26                 (5)  a second degree or first degree felony under

2-27     Section 22.02, Penal Code (Aggravated Assault);

 3-1                 (6)  a first degree felony under Section 22.021, Penal

 3-2     Code (Aggravated Sexual Assault);

 3-3                 (7)  a first degree felony under Section 22.04, Penal

 3-4     Code (Injury to a Child, Elderly Individual, or Disabled

 3-5     Individual);

 3-6                 (8)  a first degree felony under Section 28.02, Penal

 3-7     Code (Arson);

 3-8                 (9)  a second degree felony under Section 29.02, Penal

 3-9     Code (Robbery);

3-10                 (10)  a first degree felony under Section 29.03, Penal

3-11     Code (Aggravated Robbery);

3-12                 (11)  a first degree felony under Section 30.02, Penal

3-13     Code (Burglary); or

3-14                 (12)  a felony for which the punishment is increased

3-15     under Section 481.134, Health and Safety Code (Drug-Free Zones).

3-16           SECTION 3.  Section 8(k), Article 42.18, Code of Criminal

3-17     Procedure, is repealed.

3-18           SECTION 4.  (a)  The change in law made by this Act applies

3-19     only to a prisoner sentenced for an offense committed on or after

3-20     the effective date of this Act.  For purposes of this section, an

3-21     offense is committed before the effective date of this Act if any

3-22     element of the offense occurs before the effective date.

3-23           (b)  A prisoner sentenced for an offense committed before the

3-24     effective date of this Act is covered by the law in effect when the

3-25     offense was committed, and the former law is continued in effect

3-26     for that purpose.

3-27           SECTION 5.  This Act takes effect September 1, 1997.

 4-1           SECTION 6.  The importance of this legislation and the

 4-2     crowded condition of the calendars in both houses create an

 4-3     emergency and an imperative public necessity that the

 4-4     constitutional rule requiring bills to be read on three several

 4-5     days in each house be suspended, and this rule is hereby suspended.