81R628 KCR-D
By: Hinojosa S.B. No. 839
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for a capital felony committed by a
juvenile whose case is transferred to criminal court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.31, Penal Code, is amended to read as
follows:
Sec. 12.31. CAPITAL FELONY. (a) An individual adjudged
guilty of a capital felony in a case in which the state seeks the
death penalty shall be punished by imprisonment in the Texas
Department of Criminal Justice [institutional division] for life
without parole or by death. An individual adjudged guilty of a
capital felony in a case in which the state does not seek the death
penalty shall be punished by imprisonment in the Texas Department
of Criminal Justice [institutional division] for:
(1) life, if the individual's case was transferred to
the court under Section 54.02, Family Code; or
(2) life without parole.
(b) In a capital felony trial in which the state seeks the
death penalty, prospective jurors shall be informed that a sentence
of life imprisonment without parole or death is mandatory on
conviction of a capital felony. In a capital felony trial in which
the state does not seek the death penalty, prospective jurors shall
be informed that the state is not seeking the death penalty and
that:
(1) a sentence of life imprisonment is mandatory on
conviction of the capital felony, if the case was transferred to the
court under Section 54.02, Family Code; or
(2) a sentence of life imprisonment without parole is
mandatory on conviction of the capital felony.
SECTION 2. Section 508.145, Government Code, is amended by
adding Subsection (b) and amending Subsection (d) to read as
follows:
(b) Except as provided by Subsection (d), an inmate serving
a life sentence under Section 12.31(a)(1), Penal Code, for a
capital felony is not eligible for release on parole until the
actual calendar time the inmate has served, without consideration
of good conduct time, equals 40 calendar years.
(d) An inmate serving a life sentence under Section
12.31(a)(1), Penal Code, for a capital felony who was found guilty
as a party to the offense under Section 7.01 or 7.02, Penal Code, or
serving a sentence for an offense described by Section 3g(a)(1)(A),
(C), (D), (E), (F), (G), (H), or (I), Article 42.12, Code of
Criminal Procedure, or for an offense for which the judgment
contains an affirmative finding under Section 3g(a)(2) of that
article, is not eligible for release on parole until the inmate's
actual calendar time served, without consideration of good conduct
time, equals one-half of the sentence or 30 calendar years,
whichever is less, but in no event is the inmate eligible for
release on parole in less than two calendar years.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 4. This Act takes effect September 1, 2009.