89R13663 MCF-D

By: Buckley H.B. No. 200

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

(c-1) Notwithstanding any other provision of this section, 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, other than a felony case in which the defendant is found guilty of an offense punishable under Section 22.02(b)(4), Penal Code, or an offense for which the judgment contains an affirmative finding under Article 42.0195, 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 earlier of (1) the date the defendant's actual time served, without consideration of good conduct time, equals 20 years, or (2) the date the defendant would otherwise be eligible for release on parole under other applicable law. 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 2. Article 42.01, Code of Criminal Procedure, is amended by adding Section 17 to read as follows:

Sec. 17. In addition to the information described by Section 1, the judgment must reflect affirmative findings entered pursuant to Article 42.0195.

SECTION 3. Chapter 42, Code of Criminal Procedure, is amended by adding Article 42.0195 to read as follows:

Art. 42.0195. FINDING REGARDING MASS SHOOTING MURDER OFFENSE COMMITTED BY YOUTHFUL OFFENDER. In the trial of an offense under Section 19.02 or 19.03, Penal Code, for a defendant who was younger than 18 years of age at the time the offense was committed, the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment in the case if the judge determines that the offense was committed as part of a mass shooting as defined by Section 1.07, Penal Code.

SECTION 4. Subchapter E, Chapter 508, Government Code, is amended by adding Sections 508.1415 and 508.1451 to read as follows:

Sec. 508.1415. ADDITIONAL PAROLE CONSIDERATIONS FOR CERTAIN 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, except that this section does not apply to an inmate serving a sentence for an offense:

(1) under Section 22.02, Penal Code, that is punishable under Subsection (b)(4) of that section; or

(2) for which the judgment contains an affirmative finding under Article 42.0195, Code of Criminal Procedure.

(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;

(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; and

(3) establish a mechanism for the outcome of a comprehensive mental health evaluation conducted by an expert qualified by education and clinical training in adolescent mental health issues to be considered 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.

Sec. 508.1451. ELIGIBILITY FOR RELEASE ON PAROLE AND COMPUTATION OF PAROLE ELIGIBILITY DATE FOR CERTAIN YOUTHFUL OFFENDERS. (a) This section 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, except that this section does not apply to an inmate who is serving a sentence for an offense:

(1) under Section 22.02, Penal Code, that is punishable under Subsection (b)(4) of that section; or

(2) for which the judgment contains an affirmative finding under Article 42.0195, Code of Criminal Procedure.

(b) Notwithstanding any other provision of this section, an inmate described by Subsection (a) is not eligible for release on parole until the earlier of:

(1) the date the inmate's actual calendar time, without consideration of good conduct time, equals 20 years; or

(2) the date the inmate would otherwise be eligible for release on parole under Section 508.145.

SECTION 5. Section 508.151(b), Government Code, is amended to read as follows:

(b) The presumptive parole date may not be a date that is earlier than the inmate's initial parole eligibility date computed under Section 508.145 or 508.1451.

SECTION 6. The following provisions of the Government Code are repealed:

(1) Section 499.053(d); and

(2) Section 508.145(b).

SECTION 7. (a) Section 4(c-1), Article 37.07, Code of Criminal Procedure, as added by this Act, applies to a defendant sentenced for an offense on or after the effective date of this Act, regardless of when the offense was committed.

(b) Except as provided by Subsection (c) of this section, Sections 508.1415 and 508.1451, Government Code, as added 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.

(c) Sections 508.1415 and 508.1451, Government Code, as added by this Act, do not 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 for an offense under Section 19.02, 19.03, or 22.02, Penal Code, that was committed before the effective date of this Act if a parole panel or the pardons and paroles division of the Texas Department of Criminal Justice, as applicable, determines that the offense was committed as part of a mass shooting as defined by Section 1.07, Penal Code.

SECTION 8. This Act takes effect January 1, 2026.