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79R1673 KEL-D
By: Phillips H.B. No. 1761
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain repeat sex offenders for
release on parole.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 4(a) and (b), Article 37.07, Code of
Criminal Procedure, are amended to read as follows:
(a)(1) Except as provided by Subdivision (2), in [In] the
penalty phase of the trial of a felony case in which the punishment
is to be assessed by the jury rather than the court, if the offense
of which the jury has found the defendant guilty is listed in
Section 3g(a)(1), Article 42.12, [of this code] or if the judgment
contains an affirmative finding under Section 3g(a)(2), Article
42.12, [of this code, unless the defendant has been convicted of a
capital felony] the court shall charge the jury in writing as
follows:
"Under the law applicable in this case, the defendant, if
sentenced to a term of imprisonment, may earn time off the period of
incarceration imposed through the award of good conduct time.
Prison authorities may award good conduct time to a prisoner who
exhibits good behavior, diligence in carrying out prison work
assignments, and attempts at rehabilitation. If a prisoner engages
in misconduct, prison authorities may also take away all or part of
any good conduct time earned by the prisoner.
"It is also possible that the length of time for which the
defendant will be imprisoned might be reduced by the award of
parole.
"Under the law applicable in this case, if the defendant is
sentenced to a term of imprisonment, he will not become eligible for
parole until the actual time served equals one-half of the sentence
imposed or 30 years, whichever is less, without consideration of
any good conduct time he may earn. If the defendant is sentenced to
a term of less than four years, he must serve at least two years
before he is eligible for parole. Eligibility for parole does not
guarantee that parole will be granted.
"It cannot accurately be predicted how the parole law and
good conduct time might be applied to this defendant if he is
sentenced to a term of imprisonment, because the application of
these laws will depend on decisions made by prison and parole
authorities.
"You may consider the existence of the parole law and good
conduct time. However, you are not to consider the extent to which
good conduct time may be awarded to or forfeited by this particular
defendant. You are not to consider the manner in which the parole
law may be applied to this particular defendant."
(2) Subdivision (1) does not apply to:
(A) a capital felony case; or
(B) a felony case in which a prior conviction has
been alleged for enhancement of punishment as provided by Section
12.42(c)(2), Penal Code, if the judgment or the papers in the case,
as applicable, for the offense of which the jury has found the
defendant guilty and any offense used to support the enhancement
contain an affirmative finding that the victim or intended victim
was younger than 17 years of age at the time of the offense.
(b)(1) Except as provided by Subdivision (2), in [In] the
penalty phase of the trial of a felony case in which the punishment
is to be assessed by the jury rather than the court, if the offense
is punishable as a felony of the first degree, if a prior conviction
has been alleged for enhancement of punishment as provided by
Section 12.42(b), (c), or (d), Penal Code, or if the offense is a
felony not designated as a capital felony or a felony of the first,
second, or third degree and the maximum term of imprisonment that
may be imposed for the offense is longer than 60 years, [unless the
offense of which the jury has found the defendant guilty is listed
in Section 3g(a)(1), Article 42.12, of this code or the judgment
contains an affirmative finding under Section 3g(a)(2), Article
42.12, of this code,] the court shall charge the jury in writing as
follows:
"Under the law applicable in this case, the defendant, if
sentenced to a term of imprisonment, may earn time off the period of
incarceration imposed through the award of good conduct time.
Prison authorities may award good conduct time to a prisoner who
exhibits good behavior, diligence in carrying out prison work
assignments, and attempts at rehabilitation. If a prisoner engages
in misconduct, prison authorities may also take away all or part of
any good conduct time earned by the prisoner.
"It is also possible that the length of time for which the
defendant will be imprisoned might be reduced by the award of
parole.
"Under the law applicable in this case, if the defendant is
sentenced to a term of imprisonment, he will not become eligible for
parole until the actual time served plus any good conduct time
earned equals one-fourth of the sentence imposed or 15 years,
whichever is less. Eligibility for parole does not guarantee that
parole will be granted.
"It cannot accurately be predicted how the parole law and
good conduct time might be applied to this defendant if he is
sentenced to a term of imprisonment, because the application of
these laws will depend on decisions made by prison and parole
authorities.
"You may consider the existence of the parole law and good
conduct time. However, you are not to consider the extent to which
good conduct time may be awarded to or forfeited by this particular
defendant. You are not to consider the manner in which the parole
law may be applied to this particular defendant."
(2) Subdivision (1) does not apply to a felony case if:
(A) the felony is listed in Section 3g(a)(1),
Article 42.12;
(B) the judgment in the case contains an
affirmative finding under Section 3g(a)(2), Article 42.12; or
(C) a prior conviction has been alleged for
enhancement of punishment as provided by Section 12.42(c)(2), Penal
Code, and the judgment or the papers in the case, as applicable, for
the offense of which the jury has found the defendant guilty and any
offense used to support the enhancement contain an affirmative
finding that the victim or intended victim was younger than 17 years
of age at the time of the offense.
SECTION 2. Article 42.015, Code of Criminal Procedure, is
amended to read as follows:
Art. 42.015. FINDING OF AGE OF VICTIM. In the trial of an
offense under Section 20.02, 20.03, or 20.04, Penal Code, an
offense listed in Section 12.42(c)(2), Penal Code, or an attempt,
conspiracy, or solicitation to commit an offense described by this
article [one of those offenses], the judge shall make an
affirmative finding of fact and enter the affirmative finding in
the judgment in the case if the judge determines that the victim or
intended victim was younger than 17 years of age at the time of the
offense.
SECTION 3. Section 5(e), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(e) If a judge places on community supervision under this
section a defendant charged with an offense under Section 20.02,
20.03, or 20.04, Penal Code, an offense listed in Section
12.42(c)(2), Penal Code, or an attempt, conspiracy, or solicitation
to commit an offense described by this subsection [one of those
offenses], the judge shall make an affirmative finding of fact and
file a statement of that affirmative finding with the papers in the
case if the judge determines that the victim or intended victim was
younger than 17 years of age at the time of the offense.
SECTION 4. Section 508.145(c), Government Code, is amended
to read as follows:
(c) An inmate serving a life sentence under Section
12.42(c)(2), Penal Code, is not eligible for release on parole if
the judgment or the papers in the case, as applicable, for the
offense of which the defendant was convicted and any offense used to
support enhanced punishment under that subdivision contain an
affirmative finding that the victim or intended victim was younger
than 17 years of age at the time of the offense. In the absence of
an affirmative finding described by this subsection, an [An] inmate
serving a life sentence under Section 12.42(c)(2), Penal Code, is
not eligible for release on parole until the actual calendar time
the inmate has served, without consideration of good conduct time,
equals 35 calendar years.
SECTION 5. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.
SECTION 6. This Act takes effect September 1, 2005.