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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 and the |
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release on parole of certain inmates convicted of an offense |
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committed when younger than 18 years of age; changing parole |
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eligibility. |
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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 the Senator Eddie Lucio |
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Jr. Act. |
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SECTION 2. Section 4, Article 37.07, Code of Criminal |
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Procedure, is amended by adding Subsections (c-1) and (c-2) to read |
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as follows: |
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(c-1) Notwithstanding any other provision of this section |
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and except as provided by Subsection (c-2), in the penalty phase of |
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the trial of a felony case in which the punishment is to be assessed |
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by the jury rather than the court for a defendant who was younger |
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than 18 years of age at the time the offense was committed, the |
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court 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 through the award of good conduct time. Prison |
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authorities may award good conduct time to a prisoner who exhibits |
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good behavior and diligence in carrying out prison work assignments |
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and attempting rehabilitation. If a prisoner engages in |
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misconduct, prison authorities may also take away all or part of any |
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good conduct time earned by the prisoner. |
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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 plus any good |
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conduct time earned equals one-fourth of the sentence imposed or 15 |
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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 sentenced to |
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a term of imprisonment, because the application of that law will |
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depend on decisions made by 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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(c-2) Notwithstanding any other provision of this section, |
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in the penalty phase of the trial of a capital felony case in which |
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the punishment is to be assessed by the jury rather than the court |
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for a defendant who was younger than 18 years of age at the time the |
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offense was committed, 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, 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 20 years. |
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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 might |
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be applied to this defendant if sentenced to a term of imprisonment, |
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because the application of that law will depend on decisions made by |
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parole authorities. |
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"You may consider the existence of the parole law. You are |
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not to consider the manner in which the parole law may be applied to |
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this particular defendant." |
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SECTION 3. Subchapter E, Chapter 508, Government Code, is |
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amended by adding Section 508.1415 to read as follows: |
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Sec. 508.1415. ADDITIONAL PAROLE CONSIDERATIONS FOR |
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YOUTHFUL OFFENDERS. (a) This section applies only to the |
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consideration for release on parole of an inmate who was younger |
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than 18 years of age at the time the offense for which the inmate is |
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eligible for release on parole was committed. |
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(b) In determining whether to release an inmate described by |
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Subsection (a) on parole, a parole panel shall assess the growth and |
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maturity of the inmate, taking into consideration: |
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(1) the diminished culpability of juveniles, as |
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compared to that of adults; |
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(2) the hallmark features of youth; and |
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(3) the greater capacity of juveniles for change, as |
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compared to that of adults. |
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(c) The board shall adopt a policy establishing factors for |
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a parole panel to consider when reviewing for release on parole an |
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inmate to whom this section applies to ensure that the inmate is |
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provided a meaningful opportunity to obtain release. The policy |
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must: |
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(1) consider the age of the inmate at the time of the |
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commission of the offense as a mitigating factor in favor of |
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granting release on parole; and |
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(2) permit persons having knowledge of the inmate |
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before the inmate committed the offense or having knowledge of the |
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inmate's growth and maturity after the offense was committed to |
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submit statements regarding the inmate for consideration by the |
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parole panel. |
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(d) This section does not: |
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(1) affect the rights granted under this chapter or |
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Article 56A.051, Code of Criminal Procedure, to a victim, guardian |
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of a victim, or close relative of a deceased victim; or |
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(2) create a legal cause of action. |
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SECTION 4. Section 508.145, Government Code, is amended by |
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adding Subsection (d-2) to read as follows: |
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(d-2) This subsection applies only to an inmate who is |
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serving a sentence for a felony offense committed when the inmate |
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was younger than 18 years of age. Notwithstanding any other |
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provision of this section and except as provided by this |
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subsection, an inmate is not eligible for release on parole until |
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the inmate's actual calendar time served plus good conduct time |
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equals one-fourth of the sentence or 15 years, whichever is less. |
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An inmate who is serving a life sentence under Section 12.31(a)(1), |
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Penal Code, for a capital felony is not eligible for release on |
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parole until the inmate's actual calendar time served, without |
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consideration of good conduct time, equals 20 years. |
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SECTION 5. The following provisions of the Government Code |
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are repealed: |
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(1) Section 499.053(d); and |
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(2) Section 508.145(b). |
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SECTION 6. (a) Sections 4(c-1) and (c-2), Article 37.07, |
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Code of Criminal Procedure, as added by this Act, apply 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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(b) Section 508.1415, Government Code, as added by this Act, |
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and Section 508.145, Government Code, as amended by this Act, apply |
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to any inmate who is confined in a facility operated by or under |
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contract with the Texas Department of Criminal Justice on or after |
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the effective date of this Act, regardless of whether the offense |
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for 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 7. This Act takes effect September 1, 2023. |