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A BILL TO BE ENTITLED
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AN ACT
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relating to jury instructions regarding parole eligibility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 4(a), (b), and (c), Article 37.07, Code |
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of Criminal Procedure, are amended to read as follows: |
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(a) In the penalty phase of the trial of a felony case in |
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which the punishment is to be assessed by the jury rather than the |
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court, if the offense of which the jury has found the defendant |
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guilty is an offense under Section 71.02, Penal Code, other than an |
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offense punishable as a state jail felony under that section, an |
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offense under Section 71.023, Penal Code, or an offense listed in |
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Article 42A.054(a), or if the judgment contains an affirmative |
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finding under Article 42A.054(c) or (d), unless the defendant has |
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been convicted of an offense under Section 21.02, Penal Code, an |
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offense under Section 22.021, Penal Code, that is punishable under |
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Subsection (f) of that section, or a capital felony, the court shall |
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charge the jury in writing as follows: |
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["Under the law applicable in this case, the defendant, if
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sentenced to a term of imprisonment, may earn time off the period of
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incarceration imposed through the award of good conduct
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time.
Prison authorities may award good conduct time to a prisoner
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who exhibits good behavior, diligence in carrying out prison work
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assignments, and attempts at rehabilitation.
If a prisoner
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engages in misconduct, prison authorities may also take away all or
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part of any good conduct time earned by the prisoner.] |
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"The [It is also possible that the] length of time for which a |
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[the] defendant is [will be] imprisoned may [might] be reduced by |
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the award of parole. |
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"Under the law applicable in this case, if the defendant is |
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sentenced to a term of imprisonment, the defendant will not become |
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eligible for parole until the actual time served equals one-half of |
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the sentence imposed or 30 years, whichever is less[, without
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consideration of any good conduct time the defendant may earn]. If |
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the defendant is sentenced to a term of less than four years, the |
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defendant must serve at least two years before the defendant is |
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eligible for parole. Eligibility for parole does not guarantee |
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that parole will be granted. |
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"It cannot accurately be predicted how the parole law [and
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good conduct time] might be applied to this defendant if sentenced |
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to a term of imprisonment, because the application of that law |
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[these laws] will depend on decisions made by [prison and] parole |
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authorities. |
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"You may consider the existence of the parole law [and good
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conduct time.
However, you are not to consider the extent to which
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good conduct time may be awarded to or forfeited by this particular
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defendant]. You are not to consider the manner in which the parole |
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law may be applied to this particular defendant." |
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(b) In the penalty phase of the trial of a felony case in |
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which the punishment is to be assessed by the jury rather than the |
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court, if the offense is punishable as a felony of the first degree, |
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if a prior conviction has been alleged for enhancement of |
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punishment as provided by Section 12.42(b), (c)(1) or (2), or (d), |
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Penal Code, or if the offense is a felony not designated as a |
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capital felony or a felony of the first, second, or third degree and |
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the maximum term of imprisonment that may be imposed for the offense |
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is longer than 60 years, unless the offense of which the jury has |
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found the defendant guilty is an offense that is punishable under |
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Section 21.02(h), Penal Code, or is listed in Article 42A.054(a) or |
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the judgment contains an affirmative finding under Article |
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42A.054(c) or (d), the court shall charge the jury in writing as |
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follows: |
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"The length of time for which a defendant is imprisoned may be |
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reduced by the award of parole. |
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"Under the law applicable in this case, the defendant, if |
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sentenced to a term of imprisonment, may earn early parole |
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eligibility [time off the period of incarceration imposed] through |
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the award of good conduct time. Prison authorities may award good |
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conduct time to a prisoner who exhibits good behavior, diligence in |
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carrying out prison work assignments, and attempts at |
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rehabilitation. If a prisoner engages in misconduct, prison |
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authorities may also take away all or part of any good conduct time |
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earned by the prisoner. |
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["It is also possible that the length of time for which the
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defendant will be imprisoned might be reduced by the award of
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parole.] |
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"Under the law applicable in this case, if the defendant is |
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sentenced to a term of imprisonment, the defendant [he] will not |
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become eligible for parole until the actual time served plus any |
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good conduct time earned equals one-fourth of the sentence imposed |
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or 15 years, whichever is less. Eligibility for parole does not |
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guarantee that parole will be granted. |
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"It cannot accurately be predicted how the parole law and |
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good conduct time might be applied to this defendant if [he is] |
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sentenced to a term of imprisonment, because the application of |
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these laws will depend on decisions made by prison and parole |
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authorities. |
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"You may consider the existence of the parole law and good |
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conduct time. However, you are not to consider the extent to which |
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good conduct time may be awarded to or forfeited by this particular |
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defendant. You are not to consider the manner in which the parole |
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law may be applied to this particular defendant." |
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(c) In the penalty phase of the trial of a felony case in |
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which the punishment is to be assessed by the jury rather than the |
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court, if the offense is punishable as a felony of the second or |
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third degree, if a prior conviction has been alleged for |
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enhancement as provided by Section 12.42(a), Penal Code, or if the |
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offense is a felony not designated as a capital felony or a felony |
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of the first, second, or third degree and the maximum term of |
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imprisonment that may be imposed for the offense is 60 years or |
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less, unless the offense of which the jury has found the defendant |
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guilty is listed in Article 42A.054(a) or the judgment contains an |
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affirmative finding under Article 42A.054(c) or (d), the court |
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shall charge the jury in writing as follows: |
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"The length of time for which a defendant is imprisoned may be |
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reduced by the award of parole. |
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"Under the law applicable in this case, the defendant, if |
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sentenced to a term of imprisonment, may earn early parole |
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eligibility [time off the period of incarceration imposed] through |
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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 |
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earned by the prisoner. |
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["It is also possible that the length of time for which the
|
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defendant will be imprisoned might be reduced by the award of
|
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parole.] |
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"Under the law applicable in this case, if the defendant is |
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sentenced to a term of imprisonment, the defendant [he] will not |
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become eligible for parole until the actual time served plus any |
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good conduct time earned equals one-fourth of the sentence imposed. |
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Eligibility for parole does not guarantee that parole will be |
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granted. |
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"It cannot accurately be predicted how the parole law and |
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good conduct time might be applied to this defendant if [he is] |
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sentenced to a term of imprisonment, because the application of |
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these laws will depend on decisions made by prison and parole |
|
authorities. |
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"You may consider the existence of the parole law and good |
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conduct time. However, you are not to consider the extent to which |
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good conduct time may be awarded to or forfeited by this particular |
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defendant. You are not to consider the manner in which the parole |
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law may be applied to this particular defendant." |
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SECTION 2. The change in law made by this Act applies to a |
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defendant sentenced for an offense on or after the effective date of |
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this Act, regardless of when the offense was committed. |
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SECTION 3. This Act takes effect September 1, 2019. |
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