By Tillery                                       H.B. No. 780

      75R2462 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

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

 1-3     serving a sentence for the murder of an individual under the age of

 1-4     17 years.

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

 1-6           SECTION 1.  Chapter 42, Code of Criminal Procedure, is

 1-7     amended by adding Article 42.015 to read as follows:

 1-8           Art. 42.015.  FINDING THAT MURDERED VICTIM WAS YOUNGER THAN

 1-9     17 YEARS OF AGE.  In the punishment phase of the trial of an

1-10     offense under Section 19.02 or 19.03, Penal Code, if the court

1-11     determines that the victim was younger than 17 years of age, the

1-12     court shall make an affirmative finding of that fact and enter the

1-13     affirmative finding in the judgment of that case.

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

1-15     Procedure, is amended by amending Subdivisions (1), (2), and (3) to

1-16     read as follows:

1-17                 (1)  A prisoner under sentence of death is not eligible

1-18     for parole.  A prisoner serving a sentence the judgment for which

1-19     contains an affirmative finding under Article 42.015 is not

1-20     eligible for parole.

1-21                 (2)  Except as otherwise provided by this subdivision,

1-22     [If] a prisoner [is] serving a life sentence for a capital

1-23     felony[, the prisoner] is not eligible for release on parole until

1-24     the actual calendar time the prisoner has served, without

 2-1     consideration of good conduct time, equals 40 calendar years.  This

 2-2     subdivision does not apply to a prisoner serving a life sentence

 2-3     for a capital felony the judgment for which contains an affirmative

 2-4     finding under Article 42.015.  If a prisoner is serving a life

 2-5     sentence imposed under Section 12.42(d)(2), Penal Code, the

 2-6     prisoner is not eligible for release on parole until the actual

 2-7     calendar time the prisoner has served, without consideration of

 2-8     good conduct time, equals 35 calendar years.

 2-9                 (3)  Except as otherwise provided by this subdivision,

2-10     if [If] a prisoner is serving a sentence for the offenses described

2-11     by Subdivision (1)(A), (C), (D), (E), (F), [or] (G), or (H) of

2-12     Section 3g(a), Article 42.12 of this code, or if the judgment

2-13     contains an affirmative finding under Subdivision (2) of Subsection

2-14     (a) of Section 3g of that article, he is not eligible for release

2-15     on parole until his actual calendar time served, without

2-16     consideration of good conduct time, equals one-half of the maximum

2-17     sentence or 30 calendar years, whichever is less, but in no event

2-18     shall he be eligible for release on parole in less than two

2-19     calendar years.  This subdivision does not apply to a prisoner

2-20     serving a sentence for an offense described by Subdivision (1)(A),

2-21     Section 3g(a), Article 42.12, if the judgment for the sentence

2-22     contains an affirmative finding under Article 42.015.

2-23           SECTION 3.  (a)  The change in law made by this Act applies

2-24     only to an offense committed on or after the effective date of this

2-25     Act.  For purposes of this section, an offense is committed before

2-26     the effective date of this Act if any element of the offense occurs

2-27     before the effective date.

 3-1           (b)  An offense committed before the effective date of this

 3-2     Act is covered by the law in effect when the offense was committed,

 3-3     and the former law is continued in effect for that purpose.

 3-4           SECTION 4.  This Act takes effect September 1, 1997.

 3-5           SECTION 5.  The importance of this legislation and the

 3-6     crowded condition of the calendars in both houses create an

 3-7     emergency and an imperative public necessity that the

 3-8     constitutional rule requiring bills to be read on three several

 3-9     days in each house be suspended, and this rule is hereby suspended.