82R507 KCR-D

By: Riddle H.B. No. 772

A BILL TO BE ENTITLED

AN ACT

relating to the applicability of certain laws to certain sex

offenders.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 4(b), Article 37.07, Code of Criminal

Procedure, is amended to read as follows:

(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)(1) [or (2)], 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 an offense that is punishable under

Section 21.02(h), Penal Code, or 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."

SECTION 2. Section 508.046, Government Code, is amended to

read as follows:

Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. To release on

parole an inmate who was convicted of an offense under Section

[21.02,] 21.11(a)(1)[,] or 22.021, Penal Code, and is not

ineligible for release on parole or an inmate who is required under

Section 508.145(c) to serve 35 calendar years before becoming

eligible for release on parole, all members of the board must vote

on the release on parole of the inmate, and at least two-thirds of

the members must vote in favor of the release on parole. A member

of the board may not vote on the release unless the member first

receives a copy of a written report from the department on the

probability that the inmate would commit an offense after being

released on parole.

SECTION 3. Section 508.187(a), Government Code, is amended

to read as follows:

(a) This section applies only to a releasee serving a

sentence for an offense under:

(1) Section 43.25 or 43.26, Penal Code;

(2) Section [21.02,] 21.11, 22.011, 22.021, or 25.02,

Penal Code;

(3) Section 20.04(a)(4), Penal Code, if the releasee

committed the offense with the intent to violate or abuse the victim

sexually; or

(4) Section 30.02, Penal Code, punishable under

Subsection (d) of that section, if the releasee committed the

offense with the intent to commit a felony listed in Subdivision (2)

or (3).

SECTION 4. Section 508.189(a), Government Code, is amended

to read as follows:

(a) A parole panel shall require as a condition of parole or

mandatory supervision that a releasee convicted of an offense under

Section [21.02,] 21.08, 21.11, 22.011, 22.021, 25.02, 43.25, or

43.26, Penal Code, pay to the division a parole supervision fee of

$5 each month during the period of parole supervision.

SECTION 5. Section 38.05(d), Penal Code, is amended to read

as follows:

(d) An offense under this section is a felony of the third

degree if the person who is harbored, concealed, provided with a

means of avoiding arrest or effecting escape, or warned of

discovery or apprehension is under arrest for, charged with, or

convicted of a felony, including an offense under Article [Section]

62.102, Code of Criminal Procedure, or is in custody or detention

for, is alleged in a petition to have engaged in, or has been

adjudicated as having engaged in delinquent conduct that violates a

penal law of the grade of felony, including an offense under Article

[Section] 62.102, Code of Criminal Procedure, and the person

charged under this section knew that the person they harbored,

concealed, provided with a means of avoiding arrest or effecting

escape, or warned of discovery or apprehension is under arrest for,

charged with, or convicted of a felony, or is in custody or

detention for, is alleged in a petition to have engaged in, or has

been adjudicated as having engaged in delinquent conduct that

violates a penal law of the grade of felony.

SECTION 6. Section 508.117(g)(2-a), Government Code, is

repealed.

SECTION 7. This Act takes effect September 1, 2011.