| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to delaying parole eligibility for an individual convicted |
|
|
of certain violent offenses who evades arrest. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 42.01, Code of Criminal Procedure, is |
|
|
amended by adding Section 9 to read as follows: |
|
|
Sec. 9. In addition to the information described by Section |
|
|
1, the judgment should reflect affirmative findings entered |
|
|
pursuant to Article 42.0198. |
|
|
SECTION 2. Chapter 42, Code of Criminal Procedure, is |
|
|
amended by adding Article 42.0198 to read as follows: |
|
|
Art. 42.0198. FINDING REGARDING DELAY IN ARREST OF |
|
|
DEFENDANT. In the trial of an offense under Section 19.02, 22.011, |
|
|
or 22.021, Penal Code, on the motion of the attorney representing |
|
|
the state the judge shall make an affirmative finding of fact |
|
|
regarding the number of months that elapsed, if any, between the |
|
|
date an arrest warrant was issued for the defendant following an |
|
|
indictment for the offense and the date the defendant was arrested |
|
|
for the offense. The judge shall enter the affirmative finding in |
|
|
the judgment in the case. |
|
|
SECTION 3. Section 508.145, Government Code, is amended by |
|
|
adding Subsection (d-1) to read as follows: |
|
|
(d-1) Notwithstanding Subsection (d), for every 12 months |
|
|
that elapse between the date an arrest warrant is issued for the |
|
|
inmate following an indictment for the offense and the date the |
|
|
inmate is arrested for the offense, the earliest date on which an |
|
|
inmate is eligible for parole is delayed by three years from the |
|
|
date otherwise provided by Subsection (d), if the inmate is serving |
|
|
a sentence for an offense under Section 19.02, 22.011, or 22.021, |
|
|
Penal Code. |
|
|
SECTION 4. Section 9, Article 42.01, Code of Criminal |
|
|
Procedure, and Article 42.0198, Code of Criminal Procedure, as |
|
|
added by this Act, apply only to a judgment of conviction entered on |
|
|
or after the effective date of this Act. |
|
|
SECTION 5. Section 508.145, Government Code, as amended by |
|
|
this Act, applies only to the parole eligibility of an inmate |
|
|
serving a sentence for an offense under Section 19.02, 22.011, or |
|
|
22.021, Penal Code, committed on or after the effective date of this |
|
|
Act. The parole eligibility of an inmate serving a sentence for an |
|
|
offense under Section 19.02, 22.011, or 22.021, Penal Code, |
|
|
committed before the effective date of this Act is governed by the |
|
|
law in effect at the time 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, 2009. |