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.