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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. Section 4, Article 37.07, Code of Criminal |
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Procedure, is amended by adding Subsection (c-1) to read as |
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follows: |
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(c-1) Notwithstanding any other provision of this section, |
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in the penalty phase of the trial of a felony case in which the |
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punishment is to be assessed by the jury rather than the court for a |
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defendant who was younger than 18 years of age at the time the |
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offense was committed, other than a felony case in which the |
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defendant is found guilty of an offense under Section 19.03(a)(1) |
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or (7), Penal Code, or an offense punishable under Section |
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22.02(b)(4), Penal Code, the court shall charge the jury in writing |
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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 earlier of (1) the date the |
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defendant's actual time served, without consideration of good |
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conduct time, equals 20 years, or (2) the date the defendant would |
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otherwise be eligible for release on parole under other applicable |
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law. 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 2. Subchapter E, Chapter 508, Government Code, is |
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amended by adding Sections 508.1415 and 508.1451 to read as |
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follows: |
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Sec. 508.1415. ADDITIONAL PAROLE CONSIDERATIONS FOR |
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CERTAIN 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, except that this |
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section does not apply to an inmate serving a sentence for an |
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offense under: |
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(1) Section 19.03(a)(1) or (7), Penal Code; or |
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(2) Section 22.02, Penal Code, that is punishable |
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under Subsection (b)(4) of that section. |
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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; |
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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; and |
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(3) establish a mechanism for the outcome of a |
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comprehensive mental health evaluation conducted by an expert |
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qualified by education and clinical training in adolescent mental |
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health issues to be considered by the 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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Sec. 508.1451. ELIGIBILITY FOR RELEASE ON PAROLE AND |
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COMPUTATION OF PAROLE ELIGIBILITY DATE FOR CERTAIN YOUTHFUL |
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OFFENDERS. (a) This section 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, except that this section does not |
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apply to an inmate who is serving a sentence for an offense under: |
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(1) Section 19.03(a)(1) or (7), Penal Code; or |
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(2) Section 22.02, Penal Code, that is punishable |
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under Subsection (b)(4) of that section. |
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(b) Notwithstanding Section 508.145, an inmate described by |
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Subsection (a) is not eligible for release on parole until the |
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earlier of: |
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(1) the date the inmate's actual calendar time, |
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without consideration of good conduct time, equals 20 years; or |
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(2) the date the inmate would otherwise be eligible |
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for release on parole under Section 508.145. |
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SECTION 3. Section 508.151(b), Government Code, is amended |
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to read as follows: |
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(b) The presumptive parole date may not be a date that is |
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earlier than the inmate's initial parole eligibility date computed |
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under Section 508.145 or 508.1451. |
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SECTION 4. 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 5. (a) Section 4(c-1), Article 37.07, Code of |
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Criminal Procedure, as added by this Act, applies to a defendant |
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sentenced for an offense on or after the effective date of this Act, |
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regardless of when the offense was committed. |
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(b) Except as provided by Subsection (c) of this section, |
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Sections 508.1415 and 508.1451, Government Code, as added by this |
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Act, apply to any inmate who is confined in a facility operated by |
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or under contract with the Texas Department of Criminal Justice on |
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or after the effective date of this Act, regardless of whether the |
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offense for which the inmate is confined occurred before, on, or |
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after the effective date of this Act. |
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(c) Sections 508.1415 and 508.1451, Government Code, as |
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added by this Act, do not apply to any inmate who is confined in a |
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facility operated by or under contract with the Texas Department of |
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Criminal Justice on or after the effective date of this Act for an |
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offense under Section 22.02, Penal Code, that was committed before |
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the effective date of this Act if a parole panel or the pardons and |
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paroles division of the Texas Department of Criminal Justice, as |
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applicable, determines that the offense was committed as part of a |
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mass shooting as defined by Section 1.07, Penal Code. |
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SECTION 6. This Act takes effect January 1, 2026. |