82R507 KCR-D
By: Riddle H.B. No. 772
A BILL TO BE ENTITLED
AN ACT
relating to the applicability of certain laws to certain sex
offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 4(b), Article 37.07, Code of Criminal
Procedure, is amended to read as follows:
(b) 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, if the offense is punishable as a felony of the first degree,
if a prior conviction has been alleged for enhancement of
punishment as provided by Section 12.42(b), (c)(1) [or (2)], or
(d), Penal Code, or if the offense is a felony not designated as a
capital felony or a felony of the first, second, or third degree and
the maximum term of imprisonment that may be imposed for the offense
is longer than 60 years, unless the offense of which the jury has
found the defendant guilty is an offense that is punishable under
Section 21.02(h), Penal Code, or is listed in Section 3g(a)(1),
Article 42.12, [of this code] or the judgment contains an
affirmative finding under Section 3g(a)(2), Article 42.12, [of this
code,] the court shall charge the jury in writing as follows:
"Under the law applicable in this case, the defendant, if
sentenced to a term of imprisonment, may earn time off the period of
incarceration imposed through the award of good conduct time.
Prison authorities may award good conduct time to a prisoner who
exhibits good behavior, diligence in carrying out prison work
assignments, and attempts at rehabilitation. If a prisoner
engages in misconduct, prison authorities may also take away all or
part of any good conduct time earned by the prisoner.
"It is also possible that the length of time for which the
defendant will be imprisoned might be reduced by the award of
parole.
"Under the law applicable in this case, if the defendant is
sentenced to a term of imprisonment, he will not become eligible for
parole until the actual time served plus any good conduct time
earned equals one-fourth of the sentence imposed or 15 years,
whichever is less. Eligibility for parole does not guarantee that
parole will be granted.
"It cannot accurately be predicted how the parole law and
good conduct time might be applied to this defendant if he is
sentenced to a term of imprisonment, because the application of
these laws will depend on decisions made by prison and parole
authorities.
"You may consider the existence of the parole law and good
conduct time. However, you are not to consider the extent to which
good conduct time may be awarded to or forfeited by this particular
defendant. You are not to consider the manner in which the parole
law may be applied to this particular defendant."
SECTION 2. Section 508.046, Government Code, is amended to
read as follows:
Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. To release on
parole an inmate who was convicted of an offense under Section
[21.02,] 21.11(a)(1)[,] or 22.021, Penal Code, and is not
ineligible for release on parole or an inmate who is required under
Section 508.145(c) to serve 35 calendar years before becoming
eligible for release on parole, all members of the board must vote
on the release on parole of the inmate, and at least two-thirds of
the members must vote in favor of the release on parole. A member
of the board may not vote on the release unless the member first
receives a copy of a written report from the department on the
probability that the inmate would commit an offense after being
released on parole.
SECTION 3. Section 508.187(a), Government Code, is amended
to read as follows:
(a) This section applies only to a releasee serving a
sentence for an offense under:
(1) Section 43.25 or 43.26, Penal Code;
(2) Section [21.02,] 21.11, 22.011, 22.021, or 25.02,
Penal Code;
(3) Section 20.04(a)(4), Penal Code, if the releasee
committed the offense with the intent to violate or abuse the victim
sexually; or
(4) Section 30.02, Penal Code, punishable under
Subsection (d) of that section, if the releasee committed the
offense with the intent to commit a felony listed in Subdivision (2)
or (3).
SECTION 4. Section 508.189(a), Government Code, is amended
to read as follows:
(a) A parole panel shall require as a condition of parole or
mandatory supervision that a releasee convicted of an offense under
Section [21.02,] 21.08, 21.11, 22.011, 22.021, 25.02, 43.25, or
43.26, Penal Code, pay to the division a parole supervision fee of
$5 each month during the period of parole supervision.
SECTION 5. Section 38.05(d), Penal Code, is amended to read
as follows:
(d) An offense under this section is a felony of the third
degree if the person who is harbored, concealed, provided with a
means of avoiding arrest or effecting escape, or warned of
discovery or apprehension is under arrest for, charged with, or
convicted of a felony, including an offense under Article [Section]
62.102, Code of Criminal Procedure, or is in custody or detention
for, is alleged in a petition to have engaged in, or has been
adjudicated as having engaged in delinquent conduct that violates a
penal law of the grade of felony, including an offense under Article
[Section] 62.102, Code of Criminal Procedure, and the person
charged under this section knew that the person they harbored,
concealed, provided with a means of avoiding arrest or effecting
escape, or warned of discovery or apprehension is under arrest for,
charged with, or convicted of a felony, or is in custody or
detention for, is alleged in a petition to have engaged in, or has
been adjudicated as having engaged in delinquent conduct that
violates a penal law of the grade of felony.
SECTION 6. Section 508.117(g)(2-a), Government Code, is
repealed.
SECTION 7. This Act takes effect September 1, 2011.