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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, to |
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certain conditions of bail and community supervision, and to the |
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early termination of community supervision and the dismissal and |
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discharge of deferred adjudication community supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.41(d), Code of Criminal Procedure, is |
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amended to read as follows: |
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(d) To the extent that a condition imposed under this |
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article conflicts with an existing court order granting possession |
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of or access to a child, the condition imposed under this article |
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prevails for a period specified by the magistrate[, not to exceed 90 |
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days]. |
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SECTION 2. Section 4(a), Article 37.07, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) In the penalty phase of the trial of a felony case in |
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which the punishment is to be assessed by the jury rather than the |
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court, if the offense of which the jury has found the defendant |
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guilty is an offense under Section 71.02, Penal Code, other than an |
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offense punishable as a state jail felony under that section, an |
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offense under Section 71.023, Penal Code, or an offense listed in |
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Article 42A.054(a), or if the judgment contains an affirmative |
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finding under Article 42A.054(c) or (d), unless the defendant has |
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been convicted of an offense under Section 21.02, Penal Code, an |
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offense under Section 22.021, Penal Code, that is punishable under |
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Subsection (f) of that section, or a capital felony, the court shall |
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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, 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 one-half of |
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the sentence imposed or 30 years, whichever is less. If the |
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defendant was convicted of a second or third degree felony and is |
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sentenced to a term of less than four years, the defendant must |
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serve at least two years before the defendant is eligible for |
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parole. Eligibility for parole does not guarantee that parole will |
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be 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. Article 42A.111(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) The judge may dismiss the proceedings and discharge a |
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defendant before the expiration of the period of deferred |
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adjudication community supervision if, in the judge's opinion, the |
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best interest of society and the defendant will be served, except |
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that this subsection does not authorize the judge to [may not] |
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dismiss the proceedings and discharge a defendant charged with an |
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offense: |
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(1) under Section 21.12, 49.04, or 49.06, Penal Code; |
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(2) requiring the defendant to register as a sex |
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offender under Chapter 62; or |
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(3) punishable as a felony and: |
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(A) listed in Article 42A.054(a); or |
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(B) for which the judge finds that a deadly |
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weapon was used or exhibited during the commission of the offense or |
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during the immediate flight from the commission of the offense. |
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SECTION 4. Article 42A.503(c), Code of Criminal Procedure, |
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is amended to read as follows: |
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(c) To the extent that a condition imposed under this |
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article conflicts with an existing court order granting possession |
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of or access to a child, the condition imposed under this article |
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prevails for a period specified by the court granting community |
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supervision[, not to exceed 90 days]. |
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SECTION 5. Article 42A.701(g), Code of Criminal Procedure, |
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is amended to read as follows: |
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(g) This article does not apply to a defendant convicted of: |
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(1) an offense under Section 21.12 or Sections |
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49.04-49.08, Penal Code; |
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(2) an offense the conviction of which requires |
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registration as a sex offender under Chapter 62; or |
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(3) a felony described by Article 42A.054. |
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SECTION 6. (a) Article 17.41, Code of Criminal Procedure, |
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as amended by this Act, applies only to a person who is arrested on |
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or after the effective date of this Act. A person arrested before |
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the effective date of this Act is governed by the law in effect on |
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the date the person was arrested, and the former law is continued in |
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effect for that purpose. |
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(b) Articles 42A.111, 42A.503, and 42A.701, Code of |
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Criminal Procedure, as amended by this Act, apply only to a |
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defendant placed on community supervision or deferred adjudication |
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community supervision for an offense committed on or after the |
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effective date of this Act. A defendant placed on community |
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supervision or deferred adjudication community supervision for an |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes |
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of this section, an offense was committed before the effective date |
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of this Act if any element of the offense was committed before that |
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date. |
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SECTION 7. This Act takes effect September 1, 2023. |