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.