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AN ACT
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relating to reconsideration of parole eligibility for certain |
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inmates convicted of injury to a child, elderly person, or disabled |
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person. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as Emma's Law. |
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SECTION 2. Section 508.141, Government Code, is amended by |
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amending Subsection (g) and adding Subsection (g-1) to read as |
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follows: |
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(g) The board shall adopt a policy establishing the date on |
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which the board may reconsider for release an inmate who has |
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previously been denied release. The policy must require the board |
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to reconsider for release: |
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(1) an inmate serving a sentence for an offense listed |
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in Section 508.149(a) or for an offense punishable as a felony of |
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the second or third degree under Section 22.04, Penal Code, during a |
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month designated under Subsection (g-1) by the parole panel that |
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denied release; and |
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(2) an inmate other than an inmate described by |
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Subdivision (1) as soon as practicable after the first anniversary |
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of the date of the denial. |
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(g-1) The [designated] month designated under Subsection |
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(g)(1) by the parole panel that denied release must begin after the |
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first anniversary of the date of the denial and end before the fifth |
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anniversary of the date of the denial. [The policy must require the
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board to reconsider for release an inmate other than an inmate
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serving a sentence for an offense listed in Section 508.149(a) as
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soon as practicable after the first anniversary of the date of the
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denial.] |
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SECTION 3. The change in law made by this Act applies on or |
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after the effective date of this Act to the policy adopted by the |
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Board of Pardons and Paroles under Section 508.141(g), Government |
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Code, concerning the time by which the board must reconsider an |
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inmate for release on parole, regardless of whether the inmate is |
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serving a sentence for an offense committed before, on, or after the |
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effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 431 was passed by the House on April |
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26, 2013, by the following vote: Yeas 139, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 431 on May 24, 2013, by the following vote: Yeas 144, Nays 0, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 431 was passed by the Senate, with |
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amendments, on May 22, 2013, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |