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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 or to |
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mandatory supervision of a person convicted of certain violent |
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offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 508.145(a), (c), and (d), Government |
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Code, are amended to read as follows: |
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(a) An inmate is not eligible for release on parole if the |
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inmate is: |
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(1) under sentence of death; |
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(2) [,] serving a sentence of life imprisonment |
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without parole; [,] or |
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(3) serving a sentence for an offense [any of the |
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following offenses under the Penal Code]: |
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(A) listed in Article 42A.054(a), Code of |
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Criminal Procedure, other than an offense under Section 19.03, |
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Penal Code; |
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(B) for which the judgment contains an |
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affirmative finding under Article 42A.054(c) or (d), Code of |
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Criminal Procedure [(1) Section 20A.03, if the offense is based |
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partly or wholly on conduct constituting an offense under Section |
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20A.02(a)(5), (6), (7), or (8)]; or |
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(C) under [(2)] Section 21.02, Penal Code [; or |
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[(3) Section 22.021, if the offense is punishable |
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under Subsection (f) of that section]. |
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(c) An inmate serving a sentence under Section 12.42(c)(2), |
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Penal Code, other than an inmate serving a sentence for an offense |
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to which Subsection (a) applies, is not eligible for release on |
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parole until the actual calendar time the inmate has served, |
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without consideration of good conduct time, equals 35 calendar |
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years. |
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(d) An [(1) This subsection applies only to an] inmate [who |
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is] serving a sentence for [: |
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[(A) an offense described by Article 42A.054(a), |
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Code of Criminal Procedure, other than an offense under Section |
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19.03, Penal Code, or an offense under Chapter 20A, Penal Code, that |
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is described by Subsection (a)(1) or (c-1)(1); |
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[(B) an offense for which the judgment contains |
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an affirmative finding under Article 42A.054(c) or (d), Code of |
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Criminal Procedure; or |
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[(C)] an offense under Section 71.02 or 71.023, |
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Penal Code, [. |
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[(2) An inmate described by Subdivision (1)] is not |
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eligible for release on parole until the inmate's actual calendar |
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time served, without consideration of good conduct time, equals |
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one-half of the sentence or 30 calendar years, whichever is less, |
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but in no event is the inmate eligible for release on parole in less |
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than two calendar years. |
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[(3) Notwithstanding Subdivision (2), an inmate who is |
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serving a sentence for an offense under Section 22.021, Penal Code, |
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is not eligible for release on parole if the inmate is serving a |
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sentence for an offense for which punishment was enhanced under |
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Section 12.42(c)(4), Penal Code.] |
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SECTION 2. Section 508.149(a), Government Code, is amended |
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to read as follows: |
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(a) An inmate may not be released to mandatory supervision |
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if the inmate is serving a sentence for or has been previously |
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convicted of: |
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(1) an offense listed in Article 42A.054(a), Code of |
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Criminal Procedure, or for which the judgment contains an |
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affirmative finding under Article 42A.054(c) or (d) of that code [, |
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Code of Criminal Procedure]; |
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(2) [a first degree felony or a second degree felony |
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under Section 19.02, Penal Code; |
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[(3) a capital felony under Section 19.03, Penal Code; |
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[(4) a first degree felony or a second degree felony |
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under Section 20.04, Penal Code; |
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[(5) an offense under Section 21.11, Penal Code; |
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[(6) a felony under Section 22.011, Penal Code; |
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[(7)] a first degree felony or a second degree felony |
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under Section 22.02, Penal Code; |
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(3) [(8) a first degree felony under Section 22.021, |
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Penal Code; |
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[(9)] a first degree felony under Section 22.04, Penal |
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Code; |
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(4) [(10)] a first degree felony under Section 28.02, |
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Penal Code; |
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(5) [(11)] a second degree felony under Section |
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29.02, Penal Code; |
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(6) [(12) a first degree felony under Section 29.03, |
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Penal Code; |
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[(13)] a first degree felony under Section 30.02, Penal |
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Code; |
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(7) [(14)] a felony for which the punishment is |
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increased under Section 481.134 [or Section 481.140], Health and |
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Safety Code; |
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(8) [(15) an offense under Section 43.25, Penal Code; |
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[(16)] an offense under Section 21.02, Penal Code; or |
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(9) [(17) a first degree felony under Section 15.03, |
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Penal Code; |
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[(18) an offense under Section 43.05, Penal Code; |
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[(19) an offense under Section 20A.02, Penal Code; |
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[(20) an offense under Section 20A.03, Penal Code; |
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[(21)] a first degree felony under Section 71.02 or |
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71.023, Penal Code [; or |
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[(22) an offense under Section 481.1123, Health and |
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Safety Code, punished under Subsection (d), (e), or (f) of that |
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section]. |
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SECTION 3. Section 499.053(d), Government Code, is amended |
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to read as follows: |
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(d) A person transferred from the Texas Juvenile Justice |
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Department or a post-adjudication secure correctional facility for |
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the offense of capital murder shall become eligible for parole as |
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provided in Section 508.145(d) for an offense under Section 71.02 |
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or 71.023, Penal Code [listed in Article 42A.054, Code of Criminal |
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Procedure, or an offense for which a deadly weapon finding has been |
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made]. |
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SECTION 4. 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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required under Section 508.145(c) to serve 35 calendar years before |
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becoming eligible for release on parole, all members of the board |
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must vote on the release on parole of the inmate, and at least |
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two-thirds of the members must vote in favor of the release on |
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parole. A member of the board may not vote on the release unless the |
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member first receives a copy of a written report from the department |
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on the probability that the inmate would commit an offense after |
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being released on parole. |
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SECTION 5. The following provisions are repealed: |
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(1) Article 42.01991, Code of Criminal Procedure; |
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(2) Section 508.225, Government Code; and |
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(3) Sections 508.145(c-1) and (d-1), Government Code. |
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SECTION 6. 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 |
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Act. 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 7. This Act takes effect September 1, 2023. |