Texas 2011 - 82nd Regular

Texas House Bill HB772 Compare Versions

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1	1	82R507 KCR-D
2	2	By: Riddle H.B. No. 772
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the applicability of certain laws to certain sex
8	8	offenders.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 4(b), Article 37.07, Code of Criminal
11	11	Procedure, is amended to read as follows:
12	12	(b) In the penalty phase of the trial of a felony case in
13	13	which the punishment is to be assessed by the jury rather than the
14	14	court, if the offense is punishable as a felony of the first degree,
15	15	if a prior conviction has been alleged for enhancement of
16	16	punishment as provided by Section 12.42(b), (c)(1) [or (2)], or
17	17	(d), Penal Code, or if the offense is a felony not designated as a
18	18	capital felony or a felony of the first, second, or third degree and
19	19	the maximum term of imprisonment that may be imposed for the offense
20	20	is longer than 60 years, unless the offense of which the jury has
21	21	found the defendant guilty is an offense that is punishable under
22	22	Section 21.02(h), Penal Code, or is listed in Section 3g(a)(1),
23	23	Article 42.12, [of this code] or the judgment contains an
24	24	affirmative finding under Section 3g(a)(2), Article 42.12, [of this
25	25	code,] the court shall charge the jury in writing as follows:
26	26	"Under the law applicable in this case, the defendant, if
27	27	sentenced to a term of imprisonment, may earn time off the period of
28	28	incarceration imposed through the award of good conduct time.
29	29	Prison authorities may award good conduct time to a prisoner who
30	30	exhibits good behavior, diligence in carrying out prison work
31	31	assignments, and attempts at rehabilitation. If a prisoner
32	32	engages in misconduct, prison authorities may also take away all or
33	33	part of any good conduct time earned by the prisoner.
34	34	"It is also possible that the length of time for which the
35	35	defendant will be imprisoned might be reduced by the award of
36	36	parole.
37	37	"Under the law applicable in this case, if the defendant is
38	38	sentenced to a term of imprisonment, he will not become eligible for
39	39	parole until the actual time served plus any good conduct time
40	40	earned equals one-fourth of the sentence imposed or 15 years,
41	41	whichever is less. Eligibility for parole does not guarantee that
42	42	parole will be granted.
43	43	"It cannot accurately be predicted how the parole law and
44	44	good conduct time might be applied to this defendant if he is
45	45	sentenced to a term of imprisonment, because the application of
46	46	these laws will depend on decisions made by prison and parole
47	47	authorities.
48	48	"You may consider the existence of the parole law and good
49	49	conduct time. However, you are not to consider the extent to which
50	50	good conduct time may be awarded to or forfeited by this particular
51	51	defendant. You are not to consider the manner in which the parole
52	52	law may be applied to this particular defendant."
53	53	SECTION 2. Section 508.046, Government Code, is amended to
54	54	read as follows:
55	55	Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. To release on
56	56	parole an inmate who was convicted of an offense under Section
57	57	[21.02,] 21.11(a)(1)[,] or 22.021, Penal Code, and is not
58	58	ineligible for release on parole or an inmate who is required under
59	59	Section 508.145(c) to serve 35 calendar years before becoming
60	60	eligible for release on parole, all members of the board must vote
61	61	on the release on parole of the inmate, and at least two-thirds of
62	62	the members must vote in favor of the release on parole. A member
63	63	of the board may not vote on the release unless the member first
64	64	receives a copy of a written report from the department on the
65	65	probability that the inmate would commit an offense after being
66	66	released on parole.
67	67	SECTION 3. Section 508.187(a), Government Code, is amended
68	68	to read as follows:
69	69	(a) This section applies only to a releasee serving a
70	70	sentence for an offense under:
71	71	(1) Section 43.25 or 43.26, Penal Code;
72	72	(2) Section [21.02,] 21.11, 22.011, 22.021, or 25.02,
73	73	Penal Code;
74	74	(3) Section 20.04(a)(4), Penal Code, if the releasee
75	75	committed the offense with the intent to violate or abuse the victim
76	76	sexually; or
77	77	(4) Section 30.02, Penal Code, punishable under
78	78	Subsection (d) of that section, if the releasee committed the
79	79	offense with the intent to commit a felony listed in Subdivision (2)
80	80	or (3).
81	81	SECTION 4. Section 508.189(a), Government Code, is amended
82	82	to read as follows:
83	83	(a) A parole panel shall require as a condition of parole or
84	84	mandatory supervision that a releasee convicted of an offense under
85	85	Section [21.02,] 21.08, 21.11, 22.011, 22.021, 25.02, 43.25, or
86	86	43.26, Penal Code, pay to the division a parole supervision fee of
87	87	$5 each month during the period of parole supervision.
88	88	SECTION 5. Section 38.05(d), Penal Code, is amended to read
89	89	as follows:
90	90	(d) An offense under this section is a felony of the third
91	91	degree if the person who is harbored, concealed, provided with a
92	92	means of avoiding arrest or effecting escape, or warned of
93	93	discovery or apprehension is under arrest for, charged with, or
94	94	convicted of a felony, including an offense under Article [Section]
95	95	62.102, Code of Criminal Procedure, or is in custody or detention
96	96	for, is alleged in a petition to have engaged in, or has been
97	97	adjudicated as having engaged in delinquent conduct that violates a
98	98	penal law of the grade of felony, including an offense under Article
99	99	[Section] 62.102, Code of Criminal Procedure, and the person
100	100	charged under this section knew that the person they harbored,
101	101	concealed, provided with a means of avoiding arrest or effecting
102	102	escape, or warned of discovery or apprehension is under arrest for,
103	103	charged with, or convicted of a felony, or is in custody or
104	104	detention for, is alleged in a petition to have engaged in, or has
105	105	been adjudicated as having engaged in delinquent conduct that
106	106	violates a penal law of the grade of felony.
107	107	SECTION 6. Section 508.117(g)(2-a), Government Code, is
108	108	repealed.
109	109	SECTION 7. This Act takes effect September 1, 2011.