By Talton H.B. No. 421
76R1509 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 508.145, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 508.145. ELIGIBILITY FOR RELEASE ON PAROLE;
1-8 COMPUTATION OF PAROLE ELIGIBILITY DATE. (a) An
1-9 inmate under sentence of death is not eligible for release on
1-10 parole.
1-11 (b) An inmate serving a life sentence for a capital felony
1-12 is not eligible for release on parole [until the actual calendar
1-13 time the inmate has served, without consideration of good conduct
1-14 time, equals 40 calendar years].
1-15 (c) An inmate serving a life sentence under Section
1-16 12.42(c)(2), Penal Code, is not eligible for release on parole
1-17 [until the actual calendar time the inmate has served, without
1-18 consideration of good conduct time, equals 35 calendar years].
1-19 (d) An inmate serving a sentence for an offense described by
1-20 Section 3g(a)(1)(A), (C), (D), (E), (F), (G), or (H), Article
1-21 42.12, Code of Criminal Procedure, or for an offense for which the
1-22 judgment contains an affirmative finding under Section 3g(a)(2) of
1-23 that article, is not eligible for release on parole [until the
1-24 inmate's actual calendar time served, without consideration of good
2-1 conduct time, equals one-half of the sentence or 30 calendar years,
2-2 whichever is less, but in no event is the inmate eligible for
2-3 release on parole in less than two calendar years].
2-4 (e) An inmate serving a sentence for which the punishment is
2-5 increased under Section 481.134, Health and Safety Code, is not
2-6 eligible for release on parole until the inmate's actual calendar
2-7 time served, without consideration of good conduct time, equals
2-8 five years or the term to which the inmate was sentenced, whichever
2-9 is less. If an inmate is serving a sentence for an offense
2-10 described by this subsection and Subsection (d), the eligibility
2-11 of the inmate for release on parole is controlled by Subsection
2-12 (d).
2-13 (f) Except as provided by Section 508.146, any other inmate
2-14 is eligible for release on parole when the inmate's actual calendar
2-15 time served plus good conduct time equals one-fourth of the
2-16 sentence imposed or 15 years, whichever is less.
2-17 SECTION 2. Section 508.149(a), Government Code, is amended
2-18 to read as follows:
2-19 (a) An inmate may not be released to mandatory supervision
2-20 if the inmate is serving a sentence for or has been previously
2-21 convicted of:
2-22 (1) an offense for which the judgment contains an
2-23 affirmative finding under Section 3g(a)(2), Article 42.12, Code of
2-24 Criminal Procedure;
2-25 (2) a first degree felony or a second degree felony
2-26 under Section 19.02, Penal Code;
2-27 (3) a capital felony under Section 19.03, Penal Code;
3-1 (4) a first degree felony or a second degree felony
3-2 under Section 20.04, Penal Code;
3-3 (5) a second degree felony or a third degree felony
3-4 under Section 21.11, Penal Code;
3-5 (6) a second degree felony under Section 22.011, Penal
3-6 Code;
3-7 (7) a first degree felony or a second degree felony
3-8 under Section 22.02, Penal Code;
3-9 (8) a first degree felony under Section 22.021, Penal
3-10 Code;
3-11 (9) a first degree felony under Section 22.04, Penal
3-12 Code;
3-13 (10) a first degree felony under Section 28.02, Penal
3-14 Code;
3-15 (11) a second degree felony under Section 29.02, Penal
3-16 Code;
3-17 (12) a first degree felony under Section 29.03, Penal
3-18 Code;
3-19 (13) a first degree felony under Section 30.02, Penal
3-20 Code; [or]
3-21 (14) a felony for which the punishment is increased
3-22 under Section 481.134, Health and Safety Code; or
3-23 (15) a felony for which the punishment is increased
3-24 under Section 12.42, Penal Code.
3-25 SECTION 3. (a) Section 311.031(c), Government Code,
3-26 provides that an amendment made to a code's source law at the same
3-27 session the code is enacted is preserved and given effect as part
4-1 of the code provision that revised the statute so amended. Section
4-2 508.145(c), Government Code, as set out in this Act, gives effect
4-3 to changes made to that section by Section 3, Chapter 665, Acts of
4-4 the 75th Legislature, Regular Session, 1997. Section 508.149(a),
4-5 Government Code, as set out in this Act, gives effect to changes
4-6 made to that section by Chapter 238, Acts of the 75th Legislature,
4-7 Regular Session, 1997.
4-8 (b) To the extent of any conflict, this Act prevails over
4-9 another Act of the 76th Legislature, Regular Session, 1999,
4-10 relating to nonsubstantive additions and corrections in enacted
4-11 codes.
4-12 SECTION 4. (a) The change in law made by this Act applies
4-13 only to an offense committed on or after the effective date of this
4-14 Act. For purposes of this section, an offense is committed before
4-15 the effective date of this Act if any element of the offense occurs
4-16 before the effective date.
4-17 (b) An offense committed before the effective date of this
4-18 Act is covered by the law in effect when the offense was committed,
4-19 and the former law is continued in effect for that purpose.
4-20 SECTION 5. This Act takes effect September 1, 1999.
4-21 SECTION 6. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.