HBA-RBT H.B. 77 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 77 By: Gallego Criminal Jurisprudence 2/3/1999 Introduced BACKGROUND AND PURPOSE Currently, an inmate serving a sentence of life in prison for a capital murder is eligible for parole after serving 40 years. In addition, when a jury is considering whether or not to sentence a defendant to life in prison the jury is not informed of the defendant's eligibility for parole. H.B. 77 makes an inmate serving a life sentence ineligible for parole. The bill requires the court to instruct the jury that if the defendant is sentenced to life in prison the defendant will not be eligible for parole. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 508.046, Government Code, to remove an inmate convicted of a capital murder from consideration for early parole under this section. SECTION 2. Amends Section 508.145(b), Government Code, to provide that an inmate serving a life sentence for a capital murder is not eligible for release on parole. Deletes language referring to parole eligibility after 40 years for an inmate serving a life sentence for a capital murder. SECTION 3. Amends Section 2, Article 37.031, Code of Criminal Procedure, to require the court to instruct the jury that a finding under this subsection requires the court to sentence the defendant to life in prison and that the defendant will not be eligible for parole or mandatory supervision. Redesignates a subsection. SECTION 4. Makes application of this Act prospective. Provides that an offense is committed before the effective date of this Act if any element of the offense occurs before the effective date. SECTION 5. Effective date: September 1, 1999. SECTION 6. Emergency clause.