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A BILL TO BE ENTITLED
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AN ACT
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relating to the release on parole of certain inmates convicted of an |
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offense committed when younger than 25 years of age; changing |
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parole eligibility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 508.046, Government Code, is amended to |
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read as follows: |
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Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. To release on |
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parole an inmate who was convicted of an offense under Section |
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20A.03, 21.02, 21.11(a)(1), or 22.021, Penal Code, or who is |
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serving a sentence under Section 12.42(c)(2), Penal Code [required |
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under Section 508.145(c) to serve 35 calendar years before becoming |
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eligible for release on parole], all members of the board must vote |
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on the release on parole of the inmate, and at least two-thirds of |
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the members must vote in favor of the release on parole. A member of |
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the board may not vote on the release unless the member first |
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receives a copy of a written report from the department on the |
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probability that the inmate would commit an offense after being |
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released on parole. |
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SECTION 2. Section 508.145, Government Code, is amended by |
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amending Subsection (b) and adding Subsections (b-1) and (g) to |
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read as follows: |
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(b) An inmate serving a life sentence under Section |
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12.31(a)(1), Penal Code, for a capital felony is not eligible for |
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release on parole until the actual calendar time the inmate has |
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served, without consideration of good conduct time, equals 20 [40] |
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calendar years. |
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(b-1) An inmate who was transferred from the Texas Juvenile |
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Justice Department or a post-adjudication secure correctional |
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facility, as defined by Section 152.00011, Human Resources Code, |
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for an offense under Section 19.03, Penal Code, is not eligible for |
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release on parole until the inmate's actual calendar time served, |
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without consideration of good conduct time, equals one-fourth of |
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the sentence or 15 calendar years, whichever is less. |
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(g) Notwithstanding any other provision of this section and |
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except as otherwise provided by this subsection, an inmate who is |
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serving a sentence for an offense that was committed when the inmate |
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was younger than 25 years of age is eligible for release on parole |
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in one-half the time that the inmate would otherwise be eligible for |
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release on parole under another provision of this section. This |
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subsection does not apply to: |
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(1) an inmate described by Subsection (a), (b), or |
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(b-1); or |
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(2) an inmate who was sentenced to a term that is less |
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than five years. |
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SECTION 3. Section 499.053(d), Government Code, is |
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repealed. |
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SECTION 4. The change in law made by this Act applies to any |
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inmate who is confined in a facility operated by or under contract |
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with the Texas Department of Criminal Justice on or after the |
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effective date of this Act, regardless of whether the offense for |
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which the inmate is confined occurred before, on, or after the |
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effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2021. |