By Culberson H.B. No. 547
75R3413 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 inmates serving sentences for violent offenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 8(b)(3) and (5), Article 42.18, Code of
1-6 Criminal Procedure, are amended to read as follows:
1-7 (3) If a prisoner is serving a sentence for the
1-8 offenses described by Subdivision (1)(A), (C), (D), (E), (F), or
1-9 (G) of Section 3g(a), Article 42.12 of this code, or if the
1-10 judgment contains an affirmative finding under Subdivision (2) of
1-11 Subsection (a) of Section 3g of that article, he is not eligible
1-12 for release on parole until his actual calendar time served,
1-13 without consideration of good conduct time, equals 85 percent of
1-14 the sentence imposed [one-half of the maximum sentence or 30
1-15 calendar years, whichever is less, but in no event shall he be
1-16 eligible for release on parole in less than two calendar years].
1-17 (5) Except as provided by Subsection (m)(1) [(m)] of
1-18 this section, all other prisoners shall be eligible for release on
1-19 parole when their calendar time served plus good conduct time
1-20 equals one-fourth of the maximum sentence imposed or 15 years,
1-21 whichever is less.
1-22 SECTION 2. Section 8(m), Article 42.18, Code of Criminal
1-23 Procedure, is amended to read as follows:
1-24 (m)(1) [(m)] A prisoner serving a sentence for which parole
2-1 eligibility is otherwise determined under Subsection (b)(4) of this
2-2 section may become eligible for special needs parole at a date
2-3 earlier than the date calculated under Subsection (b)(4) of this
2-4 section, as designated by a parole panel under this subdivision
2-5 [subsection], if:
2-6 (A) [(1)] the prisoner has been identified by
2-7 the institutional division as being elderly, physically
2-8 handicapped, mentally ill, terminally ill, or mentally retarded;
2-9 (B) [(2)] the prisoner is determined by the
2-10 parole panel, because of the prisoner's condition and on the basis
2-11 of a medical evaluation, to no longer constitute a threat to public
2-12 safety and no longer constitute a threat to commit further
2-13 offenses; and
2-14 (C) [(3)] the pardons and paroles division has
2-15 prepared for the prisoner a special needs parole plan that ensures
2-16 appropriate supervision, service provision, and placement.
2-17 (2) A prisoner serving a sentence for an offense for
2-18 which parole eligibility is otherwise determined under Subsection
2-19 (b)(3) may become eligible for special needs parole at a date
2-20 earlier than the date calculated under Subsection (b)(3), as
2-21 designated by a parole panel under this subdivision, if:
2-22 (A) the prisoner is 65 years of age or older;
2-23 (B) the prisoner has served, in calendar time,
2-24 60 percent of the prisoner's sentence; and
2-25 (C) the prisoner is determined by the parole
2-26 panel to no longer constitute a threat to the victim of the
2-27 prisoner's offense or to the public at large.
3-1 SECTION 3. Section 4(a), Article 37.07, Code of Criminal
3-2 Procedure, is amended to read as follows:
3-3 (a) In the penalty phase of the trial of a felony case in
3-4 which the punishment is to be assessed by the jury rather than the
3-5 court, if the offense of which the jury has found the defendant
3-6 guilty is listed in Section 3g(a)(1), Article 42.12, of this code
3-7 or if the judgment contains an affirmative finding under Section
3-8 3g(a)(2), Article 42.12, of this code, unless the defendant has
3-9 been convicted of a capital felony the court shall charge the jury
3-10 in writing as follows:
3-11 "Under the law applicable in this case, the defendant, if
3-12 sentenced to a term of imprisonment, may earn time off the period
3-13 of incarceration imposed through the award of good conduct time.
3-14 Prison authorities may award good conduct time to a prisoner who
3-15 exhibits good behavior, diligence in carrying out prison work
3-16 assignments, and attempts at rehabilitation. If a prisoner engages
3-17 in misconduct, prison authorities may also take away all or part of
3-18 any good conduct time earned by the prisoner.
3-19 "It is also possible that the length of time for which the
3-20 defendant will be imprisoned might be reduced by the award of
3-21 parole.
3-22 "Under the law applicable in this case, if the defendant is
3-23 sentenced to a term of imprisonment, he will not become eligible
3-24 for parole until the actual time served equals 85 percent
3-25 [one-half] of the sentence imposed [or 30 years, whichever is
3-26 less], without consideration of any good conduct time he may earn.
3-27 [If the defendant is sentenced to a term of less than four years,
4-1 he must serve at least two years before he is eligible for parole.]
4-2 Eligibility for parole does not guarantee that parole will be
4-3 granted.
4-4 "It cannot accurately be predicted how the parole law and
4-5 good conduct time might be applied to this defendant if he is
4-6 sentenced to a term of imprisonment, because the application of
4-7 these laws will depend on decisions made by prison and parole
4-8 authorities.
4-9 "You may consider the existence of the parole law and good
4-10 conduct time. However, you are not to consider the extent to which
4-11 good conduct time may be awarded to or forfeited by this particular
4-12 defendant. You are not to consider the manner in which the parole
4-13 law may be applied to this particular defendant."
4-14 SECTION 4. The change in law made by this Act, relating to a
4-15 prisoner's eligibility for parole, applies only to a prisoner
4-16 sentenced for an offense committed on or after the effective date
4-17 of this Act. For purposes of this section, an offense is committed
4-18 before the effective date of this Act if any element of the offense
4-19 occurs before the effective date. If a defendant is convicted of
4-20 an offense committed before the effective date of this Act, the
4-21 defendant's eligibility for parole is covered by the law in effect
4-22 when the offense was committed, and the former law is continued in
4-23 effect for this purpose.
4-24 SECTION 5. This Act takes effect September 1, 1997.
4-25 SECTION 6. The importance of this legislation and the
4-26 crowded condition of the calendars in both houses create an
4-27 emergency and an imperative public necessity that the
5-1 constitutional rule requiring bills to be read on three several
5-2 days in each house be suspended, and this rule is hereby suspended.