By Tillery H.B. No. 903
76R4560 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility for parole of certain violent
1-3 offenders.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 508.145(d), Government Code, is amended
1-6 to read as follows:
1-7 (d) Except as otherwise provided by this subsection, an [An]
1-8 inmate serving a sentence for an offense described by Section 3g(a)
1-9 (1)(A), (C), (D), (E), (F), (G), or (H), Article 42.12, Code of
1-10 Criminal Procedure, or for an offense for which the judgment
1-11 contains an affirmative finding under Section 3g(a)(2) of that
1-12 article, is not eligible for release on parole until the inmate's
1-13 actual calendar time served, without consideration of good conduct
1-14 time, equals one-half of the sentence or 30 calendar years,
1-15 whichever is less, but in no event is the inmate eligible for
1-16 release on parole in less than two calendar years. An inmate
1-17 serving a life sentence for an offense described by Section 3g(a)
1-18 (1)(A) or (E), Article 42.12, Code of Criminal Procedure, or a
1-19 sentence of 20 years for an offense described by Section 3g(a)(1)
1-20 (H), is not eligible for release on parole.
1-21 SECTION 2. Section 4(a), Article 37.07, Code of Criminal
1-22 Procedure, is amended to read as follows:
1-23 (a)(1) In the penalty phase of the trial of a felony case in
1-24 which the punishment is to be assessed by the jury rather than the
2-1 court, if the offense of which the jury has found the defendant
2-2 guilty is listed in Section 3g(a)(1)(C), (D), (F), or (G), Article
2-3 42.12, of this code or if the judgment contains an affirmative
2-4 finding under Section 3g(a)(2), Article 42.12, of this code, unless
2-5 the defendant has been convicted of a capital felony the court
2-6 shall charge the jury in writing as follows:
2-7 "Under the law applicable in this case, the defendant, if
2-8 sentenced to a term of imprisonment, may earn time off the period
2-9 of incarceration imposed through the award of good conduct time.
2-10 Prison authorities may award good conduct time to a prisoner who
2-11 exhibits good behavior, diligence in carrying out prison work
2-12 assignments, and attempts at rehabilitation. If a prisoner engages
2-13 in misconduct, prison authorities may also take away all or part of
2-14 any good conduct time earned by the prisoner.
2-15 "It is also possible that the length of time for which the
2-16 defendant will be imprisoned might be reduced by the award of
2-17 parole.
2-18 "Under the law applicable in this case, if the defendant is
2-19 sentenced to a term of imprisonment, he will not become eligible
2-20 for parole until the actual time served equals one-half of the
2-21 sentence imposed or 30 years, whichever is less, without
2-22 consideration of any good conduct time he may earn. If the
2-23 defendant is sentenced to a term of less than four years, he must
2-24 serve at least two years before he is eligible for parole.
2-25 Eligibility for parole does not guarantee that parole will be
2-26 granted.
2-27 "It cannot accurately be predicted how the parole law and
3-1 good conduct time might be applied to this defendant if he is
3-2 sentenced to a term of imprisonment, because the application of
3-3 these laws will depend on decisions made by prison and parole
3-4 authorities.
3-5 "You may consider the existence of the parole law and good
3-6 conduct time. However, you are not to consider the extent to which
3-7 good conduct time may be awarded to or forfeited by this particular
3-8 defendant. You are not to consider the manner in which the parole
3-9 law may be applied to this particular defendant."
3-10 (2) In the penalty phase of the trial of a felony case
3-11 in which the punishment is to be assessed by the jury rather than
3-12 the court, if the offense of which the jury has found the defendant
3-13 guilty is listed in Section 3g(a)(1)(A), (E), or (H), Article
3-14 42.12, of this code, the court shall charge the jury in writing as
3-15 follows:
3-16 "The range of punishment for the offense for which the
3-17 defendant was convicted is _____ (Stating the range of punishment
3-18 for a first degree felony or second degree felony, as appropriate).
3-19 "Under the laws applicable in this case, if the defendant is
3-20 sentenced to the maximum term of imprisonment, the defendant is not
3-21 eligible for release on parole.
3-22 "Under the law applicable in this case, the defendant, if
3-23 sentenced to a term of imprisonment that is less than the maximum
3-24 term of imprisonment, may earn time off the period of incarceration
3-25 imposed through the award of good conduct time. Prison authorities
3-26 may award good conduct time to a prisoner who exhibits good
3-27 behavior, diligence in carrying out prison work assignments, and
4-1 attempts at rehabilitation. If a prisoner engages in misconduct,
4-2 prison authorities may also take away all or part of any good
4-3 conduct time earned by the prisoner.
4-4 "It is also possible that the length of time for which the
4-5 defendant will be imprisoned might be reduced by the award of
4-6 parole.
4-7 "Under the law applicable in this case, if the defendant is
4-8 sentenced to a term of imprisonment, he will not become eligible
4-9 for parole until the actual time served equals one-half of the
4-10 sentence imposed or 30 years, whichever is less, without
4-11 consideration of any good conduct time he may earn. If the
4-12 defendant is sentenced to a term of less than four years, he must
4-13 serve at least two years before he is eligible for parole.
4-14 Eligibility for parole does not guarantee that parole will be
4-15 granted.
4-16 "It cannot accurately be predicted how the parole law and
4-17 good conduct time might be applied to this defendant if he is
4-18 sentenced to a term of imprisonment, because the application of
4-19 these laws will depend on decisions made by prison and parole
4-20 authorities.
4-21 "You may consider the existence of the parole law and good
4-22 conduct time. However, you are not to consider the extent to which
4-23 good conduct time may be awarded to or forfeited by this particular
4-24 defendant. You are not to consider the manner in which the parole
4-25 law may be applied to this particular defendant."
4-26 SECTION 3. (a) The change in law made by this Act applies
4-27 only to an offense committed on or after the effective date of this
5-1 Act. For purposes of this section, an offense is committed before
5-2 the effective date of this Act if any element of the offense occurs
5-3 before the effective date.
5-4 (b) An offense committed before the effective date of this
5-5 Act is covered by the law in effect when the offense was committed,
5-6 and the former law is continued in effect for that purpose.
5-7 SECTION 4. This Act takes effect September 1, 1999.
5-8 SECTION 5. The importance of this legislation and the
5-9 crowded condition of the calendars in both houses create an
5-10 emergency and an imperative public necessity that the
5-11 constitutional rule requiring bills to be read on three several
5-12 days in each house be suspended, and this rule is hereby suspended.