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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section 4(a),
Article 37.07, Code of Criminal Procedure, is 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 an offense under Section 71.02 or 71.023, Penal
Code, or an offense 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 an offense under Section 21.02, Penal Code,
an offense under Section 22.021, Penal Code, that is punishable under
Subsection (f) of that section, or a capital felony, 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, the defendant [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 the defendant [he] may earn. If the defendant is
sentenced to a term of less than four years, the defendant [he]
must serve at least two years before the defendant [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."
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No
equivalent provision.
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No
equivalent provision.
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SECTION 1. Section 3g(a),
Article 42.12, Code of Criminal Procedure, is amended to read as follows:
(a) The provisions of Section
3 of this article do not apply:
(1) to a defendant adjudged
guilty of an offense under:
(A) Section 19.02, Penal Code
(Murder);
(B) Section 19.03, Penal Code
(Capital murder);
(C) Section 21.11(a)(1),
Penal Code (Indecency with a child);
(D) Section 20.04, Penal Code
(Aggravated kidnapping);
(E) Section 22.021, Penal
Code (Aggravated sexual assault);
(F) Section 29.03, Penal Code
(Aggravated robbery);
(G) Chapter 481, Health and
Safety Code, for which punishment is increased under:
(i) Section 481.140, Health
and Safety Code; or
(ii) Section 481.134(c), (d),
(e), or (f), Health and Safety Code, if it is shown that the defendant has
been previously convicted of an offense for which punishment was increased
under any of those subsections;
(H) Section 22.011, Penal
Code (Sexual assault);
(I) Section 22.04(a)(1),
Penal Code (Injury to a child, elderly individual, or disabled individual),
if the offense is punishable as a felony of the first degree and the victim
of the offense is a child;
(J) Section 43.25, Penal Code
(Sexual performance by a child);
(K) Section 15.03, Penal
Code, if the offense is punishable as a felony of the first degree;
(L) Section 43.05, Penal Code
(Compelling prostitution); [or]
(M) Section 20A.02, Penal
Code (Trafficking of persons); [or]
(N) Section 71.02, Penal
Code (Engaging in organized criminal activity), if:
(i) the offense is
punishable as a felony of the first degree; or
(ii) the predicate offense
committed or conspired to be committed is listed in this subsection; or
(O) Section 71.023, Penal
Code (Directing activities of certain criminal street gangs); or
(2) to a defendant when it is
shown that a deadly weapon as defined in Section 1.07, Penal Code, was used
or exhibited during the commission of a felony offense or during immediate
flight therefrom, and that the defendant used or exhibited the deadly
weapon or was a party to the offense and knew that a deadly weapon would be
used or exhibited. On an affirmative finding under this subdivision, the
trial court shall enter the finding in the judgment of the court. On an
affirmative finding that the deadly weapon was a firearm, the court shall
enter that finding in its judgment.
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SECTION 2. Section
508.145(d)(1), Government Code, is amended to read as follows:
(1) An inmate serving a
sentence for an offense described by Section 3g(a)(1)(A), (C), (D), (E),
(F), (G), (H), (I), (J), or (K), 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, [or for] an offense
under Section 20A.03, Penal Code, or an
offense under Section 71.02 or 71.023, Penal Code, 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.
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SECTION 2. Section
508.145(d)(1), Government Code, is amended to read as follows:
(1) An inmate serving a
sentence for an offense described by Section 3g(a)(1)(A), (C), (D), (E),
(F), (G), (H), (I), (J), [or] (K), (N),
or (O), 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, or for an offense under Section 20A.03,
Penal Code, 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.
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SECTION 3. Section
508.149(a), Government Code, as amended by Chapters 1 (S.B. 24) and 122
(H.B. 3000), Acts of the 82nd Legislature, Regular Session, 2011, is
reenacted and amended.
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SECTION 3. Same as introduced
version.
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SECTION 4. The changes in law
made by this Act apply 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 governed 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.
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SECTION 4. Same as introduced
version.
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SECTION 5. This Act takes
effect September 1, 2013.
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SECTION 5. Same as introduced
version.
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