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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain repeat sex offenders for |
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release on parole. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 4(a) and (b), Article 37.07, Code of |
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Criminal Procedure, are amended to read as follows: |
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(a)(1) Except as provided by Subdivision (2), in [In] the |
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penalty phase of the trial of a felony case in which the punishment |
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is to be assessed by the jury rather than the court, if the offense |
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of which the jury has found the defendant guilty is listed in |
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Section 3g(a)(1), Article 42.12, [of this code] or if the judgment |
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contains an affirmative finding under Section 3g(a)(2), Article |
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42.12, [of this code, unless the defendant has been convicted of a
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capital felony] the court shall charge the jury in writing as |
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follows: |
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"Under the law applicable in this case, the defendant, if |
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sentenced to a term of imprisonment, may earn time off the period of |
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incarceration imposed through the award of good conduct time. |
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Prison authorities may award good conduct time to a prisoner who |
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exhibits good behavior, diligence in carrying out prison work |
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assignments, and attempts at rehabilitation. If a prisoner engages |
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in misconduct, prison authorities may also take away all or part of |
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any good conduct time earned by the prisoner. |
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"It is also possible that the length of time for which the |
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defendant will be imprisoned might be reduced by the award of |
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parole. |
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"Under the law applicable in this case, if the defendant is |
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sentenced to a term of imprisonment, he will not become eligible for |
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parole until the actual time served equals one-half of the sentence |
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imposed or 30 years, whichever is less, without consideration of |
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any good conduct time he may earn. If the defendant is sentenced to |
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a term of less than four years, he must serve at least two years |
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before he is eligible for parole. Eligibility for parole does not |
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guarantee that parole will be granted. |
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"It cannot accurately be predicted how the parole law and |
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good conduct time might be applied to this defendant if he is |
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sentenced to a term of imprisonment, because the application of |
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these laws will depend on decisions made by prison and parole |
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authorities. |
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"You may consider the existence of the parole law and good |
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conduct time. However, you are not to consider the extent to which |
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good conduct time may be awarded to or forfeited by this particular |
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defendant. You are not to consider the manner in which the parole |
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law may be applied to this particular defendant." |
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(2) Subdivision (1) does not apply to: |
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(A) a capital felony case; or |
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(B) a felony case in which a prior conviction has |
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been alleged for enhancement of punishment as provided by Section |
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12.42(c)(2), Penal Code, if the judgment or the papers in the case, |
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as applicable, for the offense of which the jury has found the |
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defendant guilty and any offense used to support the enhancement |
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contain an affirmative finding that the victim or intended victim |
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was younger than 17 years of age at the time of the offense. |
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(b)(1) Except as provided by Subdivision (2), in [In] the |
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penalty phase of the trial of a felony case in which the punishment |
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is to be assessed by the jury rather than the court, if the offense |
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is punishable as a felony of the first degree, if a prior conviction |
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has been alleged for enhancement of punishment as provided by |
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Section 12.42(b), (c), or (d), Penal Code, or if the offense is a |
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felony not designated as a capital felony or a felony of the first, |
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second, or third degree and the maximum term of imprisonment that |
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may be imposed for the offense is longer than 60 years, [unless the
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offense of which the jury has found the defendant guilty is listed
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in Section 3g(a)(1), Article 42.12, of this code or the judgment
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contains an affirmative finding under Section 3g(a)(2), Article
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42.12, of this code,] the court shall charge the jury in writing as |
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follows: |
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"Under the law applicable in this case, the defendant, if |
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sentenced to a term of imprisonment, may earn time off the period of |
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incarceration imposed through the award of good conduct time. |
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|
Prison authorities may award good conduct time to a prisoner who |
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|
exhibits good behavior, diligence in carrying out prison work |
|
|
assignments, and attempts at rehabilitation. If a prisoner engages |
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in misconduct, prison authorities may also take away all or part of |
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|
any good conduct time earned by the prisoner. |
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|
"It is also possible that the length of time for which the |
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defendant will be imprisoned might be reduced by the award of |
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|
parole. |
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|
"Under the law applicable in this case, if the defendant is |
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sentenced to a term of imprisonment, he will not become eligible for |
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parole until the actual time served plus any good conduct time |
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earned equals one-fourth of the sentence imposed or 15 years, |
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whichever is less. Eligibility for parole does not guarantee that |
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parole will be granted. |
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"It cannot accurately be predicted how the parole law and |
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good conduct time might be applied to this defendant if he is |
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|
sentenced to a term of imprisonment, because the application of |
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|
these laws will depend on decisions made by prison and parole |
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|
authorities. |
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|
"You may consider the existence of the parole law and good |
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conduct time. However, you are not to consider the extent to which |
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good conduct time may be awarded to or forfeited by this particular |
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defendant. You are not to consider the manner in which the parole |
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law may be applied to this particular defendant." |
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(2) Subdivision (1) does not apply to a felony case if: |
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(A) the felony is listed in Section 3g(a)(1), |
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Article 42.12; |
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(B) the judgment in the case contains an |
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affirmative finding under Section 3g(a)(2), Article 42.12; or |
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(C) a prior conviction has been alleged for |
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enhancement of punishment as provided by Section 12.42(c)(2), Penal |
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Code, and the judgment or the papers in the case, as applicable, for |
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the offense of which the jury has found the defendant guilty and any |
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offense used to support the enhancement contain an affirmative |
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finding that the victim or intended victim was younger than 17 years |
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of age at the time of the offense. |
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SECTION 2. Article 42.015, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42.015. FINDING OF AGE OF VICTIM. In the trial of an |
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offense under Section 20.02, 20.03, or 20.04, Penal Code, an |
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offense listed in Section 12.42(c)(2), Penal Code, or an attempt, |
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conspiracy, or solicitation to commit an offense described by this |
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article [one of those offenses], the judge shall make an |
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affirmative finding of fact and enter the affirmative finding in |
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the judgment in the case if the judge determines that the victim or |
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intended victim was younger than 17 years of age at the time of the |
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offense. |
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SECTION 3. Section 5(e), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(e) If a judge places on community supervision under this |
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section a defendant charged with an offense under Section 20.02, |
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20.03, or 20.04, Penal Code, an offense listed in Section |
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12.42(c)(2), Penal Code, or an attempt, conspiracy, or solicitation |
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to commit an offense described by this subsection [one of those
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offenses], the judge shall make an affirmative finding of fact and |
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file a statement of that affirmative finding with the papers in the |
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case if the judge determines that the victim or intended victim was |
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younger than 17 years of age at the time of the offense. |
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SECTION 4. Section 508.145(c), Government Code, is amended |
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to read as follows: |
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(c) An inmate serving a sentence under Section 12.42(c)(2), |
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Penal Code, is not eligible for release on parole if the judgment or |
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the papers in the case, as applicable, for the offense of which the |
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defendant was convicted and any offense used to support enhanced |
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punishment under that subdivision contain an affirmative finding |
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that the victim or intended victim was younger than 17 years of age |
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at the time of the offense. In the absence of an affirmative |
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finding described by this subsection, an [An] inmate serving a |
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sentence under Section 12.42(c)(2), Penal Code, is not eligible for |
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release on parole until the actual calendar time the inmate has |
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served, without consideration of good conduct time, equals 35 |
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calendar years. |
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SECTION 5. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 6. This Act takes effect September 1, 2007 |
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. |