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A BILL TO BE ENTITLED
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AN ACT
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relating to changing the eligibility for release on parole of |
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certain inmates serving sentences for certain offenses involving |
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family violence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.01, Code of Criminal Procedure, is |
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amended by adding Section 16 to read as follows: |
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Sec. 16. In addition to the information described by |
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Section 1, the judgment must reflect affirmative findings entered |
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pursuant to Article 42.0135. |
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SECTION 2. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.0135 to read as follows: |
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Art. 42.0135. FINDING IN CERTAIN FAMILY VIOLENCE ASSAULT |
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CASES. In the trial of an offense under Section 22.01 or 22.02, |
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Penal Code, the judge shall make an affirmative finding of fact and |
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enter the affirmative finding in the judgment in the case if the |
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judge determines that the offense was committed: |
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(1) against a person whose relationship to or |
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association with the defendant is described by Section 71.0021(b), |
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71.003, or 71.005, Family Code; and |
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(2) by impeding the normal breathing or circulation of |
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the blood of the person by applying pressure to the person's throat |
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or neck or by blocking the person's nose or mouth. |
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SECTION 3. Section 508.145, Government Code, is amended by |
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adding Subsection (e-1) to read as follows: |
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(e-1) An inmate serving a sentence for an offense for which |
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the judgment contains an affirmative finding under Article 42.0135, |
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Code of Criminal Procedure, is not eligible for release on parole |
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until the inmate's actual calendar time served, without |
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consideration of good conduct time, equals: |
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(1) subject to Subdivision (2), five calendar years or |
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the term to which the inmate was sentenced, whichever is less; or |
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(2) if the judgment for the offense also contains an |
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affirmative finding under Article 42A.054(c) or (d), Code of |
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Criminal Procedure, one-half of the sentence or 30 calendar years, |
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whichever is less, except that notwithstanding Subsection (d)(2) |
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the inmate may not become eligible for release on parole in less |
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than five calendar years. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2021. |