By Dutton                                              H.B. No. 869
         77R233 GWK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the punishment for a capital offense.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 508.046, Government Code, is amended to
 1-5     read as follows:
 1-6           Sec. 508.046.  EXTRAORDINARY VOTE REQUIRED.  To release on
 1-7     parole an inmate who was convicted of [a capital felony or] an
 1-8     offense under Section 21.11(a)(1) or 22.021, Penal Code, or who is
 1-9     required under Section 508.145(c) to serve 35 calendar years before
1-10     becoming eligible for release on parole, all members of the board
1-11     must vote on the release on parole of the inmate, and at least
1-12     two-thirds of the members must vote in favor of the release on
1-13     parole.  A member of the board may not vote on the release unless
1-14     the member first receives a copy of a written report from the
1-15     department on the probability that the inmate would commit an
1-16     offense after being released on parole.
1-17           SECTION 2.  Section 508.145(b), Government Code, is amended
1-18     to read as follows:
1-19           (b)  An inmate serving a life sentence for a capital felony
1-20     is not eligible for release on parole [until the actual calendar
1-21     time the inmate has served, without consideration of good conduct
1-22     time, equals 40 calendar years].
1-23           SECTION 3.  Section 2(e), Article 37.071, Code of Criminal
1-24     Procedure, is amended to read as follows:
 2-1           (e)(1)  The court shall instruct the jury that if the jury
 2-2     returns an affirmative finding to each issue submitted under
 2-3     Subsection (b) of this article, it shall answer the following
 2-4     issue:
 2-5           Whether, taking into consideration all of the evidence,
 2-6     including the circumstances of the offense, the defendant's
 2-7     character and background, and the personal moral culpability of the
 2-8     defendant, there is a sufficient mitigating circumstance or
 2-9     circumstances to warrant that a sentence of life imprisonment
2-10     rather than a death sentence be imposed.
2-11                 (2)  The court, on the written request of the attorney
2-12     representing the defendant, shall:
2-13                       (A)  instruct the jury that if the jury answers
2-14     that a circumstance or circumstances warrant that a sentence of
2-15     life imprisonment rather than a death sentence be imposed, the
2-16     court will sentence the defendant to imprisonment in the
2-17     institutional division of the Texas Department of Criminal Justice
2-18     for life; and
2-19                       (B)  charge the jury in writing as follows:
2-20           "Under the law applicable in this case, if the defendant is
2-21     sentenced to imprisonment in the institutional division of the
2-22     Texas Department of Criminal Justice for life, the defendant will
2-23     not become eligible for release on parole or mandatory supervision
2-24     [, but not until the actual time served by the defendant equals 40
2-25     years, without consideration of any good conduct time.  It cannot
2-26     accurately be predicted how the parole laws might be applied to
2-27     this defendant if the defendant is sentenced to a term of
 3-1     imprisonment for life because the application of those laws will
 3-2     depend on decisions made by prison and parole authorities, but
 3-3     eligibility for parole does not guarantee that parole will be
 3-4     granted]."
 3-5           SECTION 4.  (a)  The change in law made by this Act applies
 3-6     only to an offense committed on or after the effective date of this
 3-7     Act.  For purposes of this section, an offense is committed before
 3-8     the effective date of this Act if any element of the offense occurs
 3-9     before the effective date.
3-10           (b)  An offense committed before the effective date of this
3-11     Act is covered by the law in effect when the offense was committed,
3-12     and the former law is continued in effect for that purpose.
3-13           SECTION 5.  This Act takes effect September 1, 2001.