81R628 KCR-D
 
  By: Hinojosa S.B. No. 839
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the punishment for a capital felony committed by a
  juvenile whose case is transferred to criminal court.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 12.31, Penal Code, is amended to read as
  follows:
         Sec. 12.31.  CAPITAL FELONY. (a)  An individual adjudged
  guilty of a capital felony in a case in which the state seeks the
  death penalty shall be punished by imprisonment in the Texas
  Department of Criminal Justice [institutional division] for life
  without parole or by death.  An individual adjudged guilty of a
  capital felony in a case in which the state does not seek the death
  penalty shall be punished by imprisonment in the Texas Department
  of Criminal Justice [institutional division] for:
               (1)  life, if the individual's case was transferred to
  the court under Section 54.02, Family Code; or
               (2)  life without parole.
         (b)  In a capital felony trial in which the state seeks the
  death penalty, prospective jurors shall be informed that a sentence
  of life imprisonment without parole or death is mandatory on
  conviction of a capital felony.  In a capital felony trial in which
  the state does not seek the death penalty, prospective jurors shall
  be informed that the state is not seeking the death penalty and
  that:
               (1)  a sentence of life imprisonment is mandatory on
  conviction of the capital felony, if the case was transferred to the
  court under Section 54.02, Family Code; or
               (2)  a sentence of life imprisonment without parole is
  mandatory on conviction of the capital felony.
         SECTION 2.  Section 508.145, Government Code, is amended by
  adding Subsection (b) and amending Subsection (d) to read as
  follows:
         (b)  Except as provided by Subsection (d), an inmate serving
  a life sentence under Section 12.31(a)(1), Penal Code, for a
  capital felony is not eligible for release on parole until the
  actual calendar time the inmate has served, without consideration
  of good conduct time, equals 40 calendar years.
         (d)  An inmate serving a life sentence under Section
  12.31(a)(1), Penal Code, for a capital felony who was found guilty
  as a party to the offense under Section 7.01 or 7.02, Penal Code, or
  serving a sentence for an offense described by Section 3g(a)(1)(A),
  (C), (D), (E), (F), (G), (H), or (I), 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 3.  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 occurred before that date.
         SECTION 4.  This Act takes effect September 1, 2009.