By Tillery H.B. No. 425
76R2201 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment and eligibility for parole of certain
1-3 violent offenders.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 19.02(c), Penal Code, is amended to read
1-6 as follows:
1-7 (c) Except as provided by Subsection (d), an offense under
1-8 this section is punishable by imprisonment in the institutional
1-9 division for life [a felony of the first degree].
1-10 SECTION 2. Section 22.011(f), Penal Code, is amended to read
1-11 as follows:
1-12 (f) An offense under this section is punishable by
1-13 imprisonment in the institutional division for life [a felony of
1-14 the second degree].
1-15 SECTION 3. Section 22.021(e), Penal Code, is amended to read
1-16 as follows:
1-17 (e) An offense under this section is punishable by
1-18 imprisonment in the institutional division for life [a felony of
1-19 the first degree].
1-20 SECTION 4. Section 508.145, Government Code, is amended to
1-21 read as follows:
1-22 Sec. 508.145. ELIGIBILITY FOR RELEASE ON PAROLE; COMPUTATION
1-23 OF PAROLE ELIGIBILITY DATE. (a) An inmate under sentence of death
1-24 is not eligible for release on parole.
2-1 (b) An inmate serving a life sentence for a capital felony
2-2 is not eligible for release on parole [until the actual calendar
2-3 time the inmate has served, without consideration of good conduct
2-4 time, equals 40 calendar years].
2-5 (c) An inmate serving a life sentence under Section
2-6 12.42(c)(2), Penal Code, is not eligible for release on parole
2-7 [until the actual calendar time the inmate has served, without
2-8 consideration of good conduct time, equals 35 calendar years].
2-9 (d) An inmate serving a sentence for an offense described by
2-10 Section 3g(a)(1)(A), (E), or (H), Article 42.12, Code of Criminal
2-11 Procedure, is not eligible for release on parole. An inmate
2-12 serving a sentence for an offense described by Section
2-13 3g(a)(1)[(A),] (C), (D), [(E),] (F), or (G), [or (H),] Article
2-14 42.12, Code of Criminal Procedure, or for an offense for which the
2-15 judgment contains an affirmative finding under Section 3g(a)(2) of
2-16 that article, is not eligible for release on parole until the
2-17 inmate's actual calendar time served, without consideration of good
2-18 conduct time, equals one-half of the sentence or 30 calendar years,
2-19 whichever is less, but in no event is the inmate eligible for
2-20 release on parole in less than two calendar years.
2-21 (e) An inmate serving a sentence for which the punishment is
2-22 increased under Section 481.134, Health and Safety Code, is not
2-23 eligible for release on parole until the inmate's actual calendar
2-24 time served, without consideration of good conduct time, equals
2-25 five years or the term to which the inmate was sentenced, whichever
2-26 is less.
2-27 (f) Except as provided by Section 508.146, any other inmate
3-1 is eligible for release on parole when the inmate's actual calendar
3-2 time served plus good conduct time equals one-fourth of the
3-3 sentence imposed or 15 years, whichever is less.
3-4 SECTION 5. (a) The change in law made by this Act applies
3-5 only to an offense committed on or after the effective date of this
3-6 Act. For purposes of this section, an offense is committed before
3-7 the effective date of this Act if any element of the offense occurs
3-8 before the effective date.
3-9 (b) An offense committed before the effective date of this
3-10 Act is covered by the law in effect when the offense was committed,
3-11 and the former law is continued in effect for that purpose.
3-12 SECTION 6. This Act takes effect September 1, 1999.
3-13 SECTION 7. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended.