HBA-EDN H.B. 869 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 869 By: Dutton Criminal Jurisprudence 3/15/2001 Introduced BACKGROUND AND PURPOSE In Texas, juries in capital felony cases may either impose a death sentence or a life sentence. Under current law, a defendant sentenced to life may become eligible for release on parole after the defendant has served 40 calendar years. House Bill 869 provides that a defendant sentenced to life for a capital felony will not become eligible for parole or mandatory supervision and that the jury be so advised at the time of deliberation. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 869 amends the Government Code to provide that an inmate serving a life sentence for a capital felony is not eligible for release on parole. The bill removes language that allows an inmate serving a life sentence for a capital felony to become eligible for release on parole when the actual calendar time the inmate has served equals 40 calendar years. H.B. 869 amends the Code of Criminal Procedure to modify the jury instructions in capital cases to provide that a defendant will not become eligible for release on parole or mandatory supervision if the defendant is sentenced to life imprisonment in the institutional division of the Texas Department of Criminal Justice. EFFECTIVE DATE September 1, 2001.