SRC-JJJ S.B. 38 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 38
76R152  GWK-DBy: Lucio
Criminal Justice
2/12/1999
As Filed


DIGEST 

Currently, Texas law allows an inmate convicted of a capital felony to be
eligible for parole.  Texas law also requires the court to instruct juries
in capital felony cases to consider whether there are sufficient mitigating
circumstances to warrant that a sentence of life imprisonment, rather than
a death sentence, be imposed, if the jury returns an affirmative finding
regarding certain issues.  This bill would eliminate the possibility of
parole for all inmates convicted of a capital offense and, require the
court to sentence the defendant to confinement for life, if the jury
returns an affirmative finding. 

PURPOSE

As proposed, S.B. 38 establishes provisions regarding punishment for
capital offenses. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 508.046, Government Code, to delete text
regarding the release on parole of an inmate who was convicted specifically
of a capital felony. 

SECTION 2.  Amends Section 508.145(b), Government Code, to delete text
regarding the actual calendar time that must pass before an inmate serving
a life sentence for a capital felony may be eligible for parole. 

SECTION 3.  Amends Section 2, Article 37.071, Code of Criminal Procedure,
by amending Subsection (e), to require the court to charge the jury that if
the jury returns an affirmative finding on the issue submitted under this
subsection, the court shall sentence  the defendant to confinement in the
institutional division of the Department of Criminal Justice for life
without the possibility of release on parole or mandatory supervision.
Makes a conforming change. 

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Effective date: September 1, 1999.

SECTION 6.  Emergency clause.