88R16891 MCF-F

By: Moody, Leach, Thompson of Harris, H.B. No. 213

Buckley, Cook, et al.

Substitute the following for H.B. No. 213:

By: Thompson of Harris C.S.H.B. No. 213

A BILL TO BE ENTITLED

AN ACT

relating to jury instructions regarding parole eligibility and the release on parole of certain inmates convicted of an offense committed when younger than 18 years of age; changing parole eligibility.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as the Senator Eddie Lucio Jr. Act.

SECTION 2. Section 4, Article 37.07, Code of Criminal Procedure, is amended by adding Subsections (c-1) and (c-2) to read as follows:

(c-1) Notwithstanding any other provision of this section and except as provided by Subsection (c-2), in the penalty phase of the trial of a felony case in which the punishment is to be assessed by the jury rather than the court for a defendant who was younger than 18 years of age at the time the offense was committed, the court shall charge the jury in writing as follows:

"The length of time for which a defendant is imprisoned may be reduced by the award of parole.

"Under the law applicable in this case, the defendant, if sentenced to a term of imprisonment, may earn early parole eligibility through the award of good conduct time. Prison authorities may award good conduct time to a prisoner who exhibits good behavior and diligence in carrying out prison work assignments and attempting rehabilitation. If a prisoner engages in misconduct, prison authorities may also take away all or part of any good conduct time earned by the prisoner.

"Under the law applicable in this case, if the defendant is sentenced to a term of imprisonment, the defendant will not become eligible for parole until the actual time served plus any good conduct time earned equals one-fourth of the sentence imposed or 15 years, whichever is less. Eligibility for parole does not guarantee that parole will be granted.

"It cannot accurately be predicted how the parole law and good conduct time might be applied to this defendant if sentenced to a term of imprisonment, because the application of that law will depend on decisions made by parole authorities.

"You may consider the existence of the parole law and good conduct time. However, you are not to consider the extent to which good conduct time may be awarded to or forfeited by this particular defendant. You are not to consider the manner in which the parole law may be applied to this particular defendant."

(c-2) Notwithstanding any other provision of this section, in the penalty phase of the trial of a capital felony case in which the punishment is to be assessed by the jury rather than the court for a defendant who was younger than 18 years of age at the time the offense was committed, the court shall charge the jury in writing as follows:

"The length of time for which a defendant is imprisoned may be reduced by the award of parole.

"Under the law applicable in this case, if the defendant is sentenced to a term of imprisonment, the defendant will not become eligible for parole until the actual time served equals 20 years. Eligibility for parole does not guarantee that parole will be granted.

"It cannot accurately be predicted how the parole law might be applied to this defendant if sentenced to a term of imprisonment, because the application of that law will depend on decisions made by parole authorities.

"You may consider the existence of the parole law. You are not to consider the manner in which the parole law may be applied to this particular defendant."

SECTION 3. Subchapter E, Chapter 508, Government Code, is amended by adding Section 508.1415 to read as follows:

Sec. 508.1415. ADDITIONAL PAROLE CONSIDERATIONS FOR YOUTHFUL OFFENDERS. (a) This section applies only to the consideration for release on parole of an inmate who was younger than 18 years of age at the time the offense for which the inmate is eligible for release on parole was committed.

(b) In determining whether to release an inmate described by Subsection (a) on parole, a parole panel shall assess the growth and maturity of the inmate, taking into consideration:

(1) the diminished culpability of juveniles, as compared to that of adults;

(2) the hallmark features of youth; and

(3) the greater capacity of juveniles for change, as compared to that of adults.

(c) The board shall adopt a policy establishing factors for a parole panel to consider when reviewing for release on parole an inmate to whom this section applies to ensure that the inmate is provided a meaningful opportunity to obtain release. The policy must:

(1) consider the age of the inmate at the time of the commission of the offense as a mitigating factor in favor of granting release on parole; and

(2) permit persons having knowledge of the inmate before the inmate committed the offense or having knowledge of the inmate's growth and maturity after the offense was committed to submit statements regarding the inmate for consideration by the parole panel.

(d) This section does not:

(1) affect the rights granted under this chapter or Article 56A.051, Code of Criminal Procedure, to a victim, guardian of a victim, or close relative of a deceased victim; or

(2) create a legal cause of action.

SECTION 4. Section 508.145, Government Code, is amended by adding Subsection (d-2) to read as follows:

(d-2) This subsection applies only to an inmate who is serving a sentence for a felony offense committed when the inmate was younger than 18 years of age. Notwithstanding any other provision of this section and except as provided by this subsection, an inmate is not eligible for release on parole until the inmate's actual calendar time served plus good conduct time equals one-fourth of the sentence or 15 years, whichever is less. An inmate who is serving a life sentence under Section 12.31(a)(1), Penal Code, for a capital felony is not eligible for release on parole until the inmate's actual calendar time served, without consideration of good conduct time, equals 20 years.

SECTION 5. The following provisions of the Government Code are repealed:

(1) Section 499.053(d); and

(2) Section 508.145(b).

SECTION 6. (a) Sections 4(c-1) and (c-2), Article 37.07, Code of Criminal Procedure, as added by this Act, apply to a defendant sentenced for an offense on or after the effective date of this Act, regardless of when the offense was committed.

(b) Section 508.1415, Government Code, as added by this Act, and Section 508.145, Government Code, as amended by this Act, apply to any inmate who is confined in a facility operated by or under contract with the Texas Department of Criminal Justice on or after the effective date of this Act, regardless of whether the offense for which the inmate is confined occurred before, on, or after the effective date of this Act.

SECTION 7. This Act takes effect September 1, 2023.