| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the ineligibility of certain inmates for release on |
|
|
parole or mandatory supervision. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 508.145(a) and (d), Government Code, |
|
|
are amended to read as follows: |
|
|
(a) An inmate under sentence of death, [or] serving a |
|
|
sentence of life imprisonment without parole, or serving a sentence |
|
|
for a conviction that requires the inmate to register under Chapter |
|
|
62, Code of Criminal Procedure, is not eligible for release on |
|
|
parole. |
|
|
(d) Except as provided by Subsection (a), an [An] inmate |
|
|
serving a sentence for an offense described by Section 3g(a)(1)(A), |
|
|
[(C),] (D), [(E),] (F), or (G), [or (H),] Article 42.12, Code of |
|
|
Criminal Procedure, or for an offense for which the judgment |
|
|
contains an affirmative finding under Section 3g(a)(2) of that |
|
|
article, is not eligible for release on parole until the inmate's |
|
|
actual calendar time served, without consideration of good conduct |
|
|
time, equals one-half of the sentence or 30 calendar years, |
|
|
whichever is less, but in no event is the inmate eligible for |
|
|
release on parole in less than two calendar years. |
|
|
SECTION 2. Section 508.149(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) An inmate may not be released to mandatory supervision |
|
|
if the inmate is serving a sentence for or has been previously |
|
|
convicted of: |
|
|
(1) an offense for which the judgment contains an |
|
|
affirmative finding under Section 3g(a)(2), Article 42.12, Code of |
|
|
Criminal Procedure; |
|
|
(2) a first degree felony or a second degree felony |
|
|
under Section 19.02, Penal Code; |
|
|
(3) a capital felony under Section 19.03, Penal Code; |
|
|
(4) a first degree felony or a second degree felony |
|
|
under Section 20.04, Penal Code; |
|
|
(5) a second degree felony or a third degree felony |
|
|
under Section 21.11, Penal Code; |
|
|
(6) a second degree felony under Section 22.011, Penal |
|
|
Code; |
|
|
(7) a first degree felony or a second degree felony |
|
|
under Section 22.02, Penal Code; |
|
|
(8) a first degree felony under Section 22.021, Penal |
|
|
Code; |
|
|
(9) a first degree felony under Section 22.04, Penal |
|
|
Code; |
|
|
(10) a first degree felony under Section 28.02, Penal |
|
|
Code; |
|
|
(11) a second degree felony under Section 29.02, Penal |
|
|
Code; |
|
|
(12) a first degree felony under Section 29.03, Penal |
|
|
Code; |
|
|
(13) a first degree felony under Section 30.02, Penal |
|
|
Code; [or] |
|
|
(14) a felony for which the punishment is increased |
|
|
under Section 481.134 or Section 481.140, Health and Safety Code; |
|
|
or |
|
|
(15) an offense not otherwise described by this |
|
|
subsection the conviction of which requires the inmate to register |
|
|
under Chapter 62, Code of Criminal Procedure. |
|
|
SECTION 3. Sections 4(a), (b), and (c), Article 37.07, Code |
|
|
of Criminal Procedure, are amended to read as follows: |
|
|
(a) 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 or of an offense the conviction |
|
|
of which requires the defendant to register under Chapter 62, 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." |
|
|
(b) 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, and unless the |
|
|
defendant has been convicted of an offense the conviction of which |
|
|
requires the defendant to register under Chapter 62, 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." |
|
|
(c) 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 second or |
|
|
third degree, if a prior conviction has been alleged for |
|
|
enhancement as provided by Section 12.42(a), 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 60 years or |
|
|
less, 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, and unless the defendant has |
|
|
been convicted of an offense the conviction of which requires the |
|
|
defendant to register under Chapter 62, 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. 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." |
|
|
SECTION 4. Article 56.11(c), Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
(c) This article applies to a person convicted of an offense |
|
|
the conviction of which requires the person to register as a sex |
|
|
offender under Chapter 62 [described by Section 508.187(a),
|
|
|
Government Code,] or an offense involving family violence, |
|
|
stalking, or violation of a protective order or magistrate's order. |
|
|
SECTION 5. Section 508.045(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) Board [Except as provided by Section 508.046, board] |
|
|
members and parole commissioners shall act in panels composed of |
|
|
three in matters of: |
|
|
(1) release on parole; |
|
|
(2) release to mandatory supervision; and |
|
|
(3) revocation of parole or mandatory supervision. |
|
|
SECTION 6. Section 508.152(f), Government Code, is amended |
|
|
to read as follows: |
|
|
(f) An attorney representing the state in the prosecution of |
|
|
an inmate serving a sentence for an offense described by Section |
|
|
13B(b), Article 42.12, Code of Criminal Procedure, other than an |
|
|
offense under Section 21.08, Penal Code, [Section 508.187(a)] shall |
|
|
provide written comments to the department on the circumstances |
|
|
related to the commission of the offense and other information |
|
|
determined by the attorney to be relevant to any subsequent parole |
|
|
decisions regarding the inmate. |
|
|
SECTION 7. The following laws are repealed: |
|
|
(1) Section 493.017(b), Government Code; |
|
|
(2) Section 508.046, Government Code; |
|
|
(3) Section 508.145(c), Government Code; |
|
|
(4) Section 508.181(g), Government Code; |
|
|
(5) Section 508.186, Government Code; |
|
|
(6) Section 508.187, Government Code; and |
|
|
(7) Section 508.225(c), Government Code. |
|
|
SECTION 8. The change in law made by this Act applies only |
|
|
to a conviction that results from an offense committed on or after |
|
|
September 1, 2007. A conviction that results from an offense |
|
|
committed before September 1, 2007, is covered by the law in effect |
|
|
when the offense was committed, and the former law is continued in |
|
|
effect for that purpose. For the purposes of this section, an |
|
|
offense was committed before September 1, 2007, if any element of |
|
|
the offense occurred before that date. |
|
|
SECTION 9. This Act takes effect September 1, 2007. |