By Burnam                                             H.B. No. 2048
         77R7376 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the punishment for a capital felony committed by a
 1-3     person who is younger than 18 years of age at the time of
 1-4     committing the felony.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 8.07(c), Penal Code, is amended to read as
 1-7     follows:
 1-8           (c)  No person may, in any case, be punished by death for an
 1-9     offense committed while he was younger than 18 [17] years.
1-10           SECTION 2. Section 508.145(b), Government Code, is amended to
1-11     read as follows:
1-12           (b)  Except as otherwise provided by this subsection, an [An]
1-13     inmate serving a life sentence for a capital felony is not eligible
1-14     for release on parole until the actual calendar time the inmate has
1-15     served, without consideration of good conduct time, equals 40
1-16     calendar years.  An inmate serving a life sentence for a capital
1-17     felony committed when the inmate was younger than 18 years of age
1-18     is not eligible for release on parole until the actual calendar
1-19     time the inmate has served, without consideration of good conduct
1-20     time, equals 25 calendar years.
1-21           SECTION 3. The change in law made by this Act to Section
1-22     508.145(b), Government Code, applies to an inmate serving a life
1-23     sentence for an offense on or after the effective date of this Act,
1-24     regardless of when the offense was committed.
 2-1           SECTION 4.  This Act takes effect immediately if it receives
 2-2     a vote of two-thirds of all the members elected to each house, as
 2-3     provided by Section 39, Article III, Texas Constitution.  If this
 2-4     Act does not receive the vote necessary for immediate effect, this
 2-5     Act takes effect September 1, 2001.