By: Hodge, Guillen (Senate Sponsor - Hinojosa) H.B. No. 93
(In the Senate - Received from the House May 4, 2009;
May 6, 2009, read first time and referred to Committee on Criminal
Justice; May 15, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
May 15, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 93 By: Hegar
A BILL TO BE ENTITLED
AN ACT
relating to the reinstatement of good conduct time suspended during
a term of imprisonment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 498.004, Government Code, as amended by
Chapters 249 (S.B. 44) and 321 (H.B. 2162), Acts of the 74th
Legislature, Regular Session, 1995, is amended by reenacting and
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) If, during the actual term of imprisonment of an inmate
in the department [institutional division] or in a transfer
facility, the inmate commits an offense or violates a rule of the
department [division], the department may forfeit all or any part
of the inmate's accrued good conduct time or, in accordance with the
policy adopted under Subsection (c), place all or any part of the
inmate's accrued good conduct time in suspension. The department
may not restore good conduct time forfeited under this subsection
but may reinstate good conduct time suspended under this
subsection.
(c) The department shall establish a policy regarding the
suspension of good conduct time under Subsection (a). The policy
must provide that:
(1) the department will consider the severity of an
inmate's offense or violation in determining whether to suspend all
or part of the inmate's good conduct time instead of forfeiting the
inmate's good conduct time;
(2) during any period of suspension, good conduct time
placed in suspension may not be used:
(A) for purposes of granting privileges to an
inmate; or
(B) to compute an inmate's eligibility for parole
under Section 508.145 or to determine an inmate's date of release to
mandatory supervision under Section 508.147;
(3) at the conclusion of any period of suspension, the
department may forfeit or reinstate the good conduct time placed in
suspension based on the inmate's conduct during the period of the
suspension; and
(4) in determining whether to forfeit or reinstate
good conduct time placed in suspension, the department must
consider whether any impact to public safety is likely to result
from the inmate's release on parole or to mandatory supervision if
the good conduct time is reinstated.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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