By Madden                                       H.B. No. 2972

      75R2005 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 demonstrate a certain level

 1-4     of educational skill.

 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     parole panel determines that the prisoner has, and has

1-11     demonstrated, an educational skill level that is equal to or

1-12     greater than the average skill level of students who have completed

1-13     the sixth grade in the public schools of this state or that the

1-14     prisoner lacks the intellectual capacity or the learning ability to

1-15     achieve that level of skill.

1-16           SECTION 2.  Section 8(c), Article 42.18, Code of Criminal

1-17     Procedure, is amended to read as follows:

1-18           (c)  Except as otherwise provided by this subsection and

1-19     Subsection (c-1), a prisoner who is not on parole shall be released

1-20     to mandatory supervision by order of a parole panel when the

1-21     calendar time he has served plus any accrued good conduct time

1-22     equal the maximum term to which he was sentenced.  A parole panel

1-23     may not order the release of a prisoner otherwise eligible for

1-24     release under this subsection unless the parole panel determines

 2-1     that the prisoner has, and has demonstrated, an educational skill

 2-2     level that is equal to or greater than the average skill level of

 2-3     students who have completed the sixth grade in the public schools

 2-4     of this state or that the prisoner lacks the intellectual capacity

 2-5     or learning ability to achieve that level of skill.  A prisoner

 2-6     released to mandatory supervision shall, upon release, be deemed as

 2-7     if released on parole.  To the extent practicable, arrangements for

 2-8     the prisoner's proper employment, maintenance, and care shall be

 2-9     made prior to his release to mandatory supervision.  The period of

2-10     mandatory supervision shall be for a period equivalent to the

2-11     maximum term for which the prisoner was sentenced less calendar

2-12     time actually served on the sentence.  The time served on mandatory

2-13     supervision is calculated as calendar time.  Every prisoner while

2-14     on mandatory supervision shall remain in the legal custody of the

2-15     state and shall be amenable to conditions of supervision ordered by

2-16     the parole panel.  A prisoner may not be released to mandatory

2-17     supervision if the prisoner is serving or has previously been

2-18     convicted for an offense and the judgment for the offense contains

2-19     an affirmative finding under Subdivision (2), Subsection (a),

2-20     Section 3g, Article 42.12, of this code or if the prisoner is

2-21     serving a sentence for or has previously been convicted of:

2-22                 (1)  a first degree felony under Section 19.02, Penal

2-23     Code (Murder);

2-24                 (2)  a capital felony under Section 19.03, Penal Code

2-25     (Capital Murder);

2-26                 (3)  a first degree felony or a second degree felony

2-27     under Section 20.04, Penal Code (Aggravated Kidnapping);

 3-1                 (4)  a second degree felony under Section 22.011, Penal

 3-2     Code (Sexual Assault);

 3-3                 (5)  a second degree or first degree felony under

 3-4     Section 22.02, Penal Code (Aggravated Assault);

 3-5                 (6)  a first degree felony under Section 22.021, Penal

 3-6     Code (Aggravated Sexual Assault);

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

 3-8     Code (Injury to a Child, Elderly Individual, or Disabled

 3-9     Individual);

3-10                 (8)  a first degree felony under Section 28.02, Penal

3-11     Code (Arson);

3-12                 (9)  a second degree felony under Section 29.02, Penal

3-13     Code (Robbery);

3-14                 (10)  a first degree felony under Section 29.03, Penal

3-15     Code (Aggravated Robbery);

3-16                 (11)  a first degree felony under Section 30.02, Penal

3-17     Code (Burglary); or

3-18                 (12)  a felony for which the punishment is increased

3-19     under Section 481.134, Health and Safety Code (Drug-Free Zones).

3-20           SECTION 3.  Section 8(k), Article 42.18, Code of Criminal

3-21     Procedure, is repealed.

3-22           SECTION 4.  (a)  The change in law made by this Act applies

3-23     only to a prisoner sentenced for an offense committed on or after

3-24     the effective date of this Act.  For purposes of this section, an

3-25     offense is committed before the effective date of this Act if any

3-26     element of the offense occurs before the effective date.

3-27           (b)  A prisoner sentenced for an offense committed before the

 4-1     effective date of this Act is covered by the law in effect when the

 4-2     offense was committed, and the former law is continued in effect

 4-3     for that purpose.

 4-4           SECTION 5.  This Act takes effect September 1, 1997.

 4-5           SECTION 6.  The importance of this legislation and the

 4-6     crowded condition of the calendars in both houses create an

 4-7     emergency and an imperative public necessity that the

 4-8     constitutional rule requiring bills to be read on three several

 4-9     days in each house be suspended, and this rule is hereby suspended.