By Nelson S.B. No. 36
75R1447 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility of certain offenders for release on
1-3 parole or mandatory supervision.
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. Section 8(c), Article 42.18, Code of Criminal
2-24 Procedure, is amended to read as follows:
2-25 (c) Except as otherwise provided by this subsection and
2-26 Subsection (c-1), a prisoner who is not on parole shall be released
2-27 to mandatory supervision by order of a parole panel when the
3-1 calendar time he has served plus any accrued good conduct time
3-2 equal the maximum term to which he was sentenced. A prisoner
3-3 released to mandatory supervision shall, upon release, be deemed as
3-4 if released on parole. To the extent practicable, arrangements for
3-5 the prisoner's proper employment, maintenance, and care shall be
3-6 made prior to his release to mandatory supervision. The period of
3-7 mandatory supervision shall be for a period equivalent to the
3-8 maximum term for which the prisoner was sentenced less calendar
3-9 time actually served on the sentence. The time served on mandatory
3-10 supervision is calculated as calendar time. Every prisoner while
3-11 on mandatory supervision shall remain in the legal custody of the
3-12 state and shall be amenable to conditions of supervision ordered by
3-13 the parole panel. A prisoner may not be released to mandatory
3-14 supervision if the prisoner is serving or has previously been
3-15 convicted for an offense and the judgment for the offense contains
3-16 an affirmative finding under Subdivision (2), Subsection (a),
3-17 Section 3g, Article 42.12, of this code or if the prisoner is
3-18 serving a sentence for or has previously been convicted of:
3-19 (1) a first degree felony under Section 19.02, Penal
3-20 Code (Murder);
3-21 (2) a capital felony under Section 19.03, Penal Code
3-22 (Capital Murder);
3-23 (3) a first degree felony or a second degree felony
3-24 under Section 20.04, Penal Code (Aggravated Kidnapping);
3-25 (4) a second degree felony under Section 22.011, Penal
3-26 Code (Sexual Assault);
3-27 (5) a second degree or first degree felony under
4-1 Section 22.02, Penal Code (Aggravated Assault);
4-2 (6) a first degree felony under Section 22.021, Penal
4-3 Code (Aggravated Sexual Assault);
4-4 (7) a first degree felony under Section 22.04, Penal
4-5 Code (Injury to a Child, Elderly Individual, or Disabled
4-6 Individual);
4-7 (8) a first degree felony under Section 28.02, Penal
4-8 Code (Arson);
4-9 (9) a second degree felony under Section 29.02, Penal
4-10 Code (Robbery);
4-11 (10) a first degree felony under Section 29.03, Penal
4-12 Code (Aggravated Robbery);
4-13 (11) a first degree felony under Section 30.02, Penal
4-14 Code (Burglary); [or]
4-15 (12) a felony for which the punishment is increased
4-16 under Section 481.134, Health and Safety Code (Drug-Free Zones); or
4-17 (13) a felony for which the punishment is increased
4-18 under Section 12.42, Penal Code.
4-19 SECTION 3. (a) The change in law made by Section 1 of this
4-20 Act to Section 8(b), Article 42.18, Code of Criminal Procedure,
4-21 applies only to an inmate serving a sentence for an offense
4-22 committed on or after the effective date of this Act. For purposes
4-23 of this section, an offense is committed before the effective date
4-24 of this Act if any element of the offense occurs before the
4-25 effective date.
4-26 (b) An inmate serving a sentence for an offense committed
4-27 before the effective date of this Act is covered by the law in
5-1 effect when the offense was committed, and the former law is
5-2 continued in effect for that purpose.
5-3 SECTION 4. (a) The change in law made by Section 2 of this
5-4 Act to Section 8(c), Article 42.18, Code of Criminal Procedure,
5-5 applies only to an inmate who on or after the effective date of
5-6 this Act is imprisoned while serving a sentence for an offense,
5-7 regardless of whether the offense is committed before, on, or after
5-8 the effective date of this Act.
5-9 (b) An inmate who is released to mandatory supervision
5-10 before the effective date of this Act is covered by the law in
5-11 effect immediately before the effective date of this Act, and the
5-12 former law is continued in effect for this purpose.
5-13 SECTION 5. This Act takes effect September 1, 1997.
5-14 SECTION 6. The importance of this legislation and the
5-15 crowded condition of the calendars in both houses create an
5-16 emergency and an imperative public necessity that the
5-17 constitutional rule requiring bills to be read on three several
5-18 days in each house be suspended, and this rule is hereby suspended.