By: Riddle, et al. (Senate Sponsor - Huffman) H.B. No. 431
(In the Senate - Received from the House April 29, 2013;
May 8, 2013, read first time and referred to Committee on Criminal
Justice; May 17, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
May 17, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 431 By: Huffman
A BILL TO BE ENTITLED
AN ACT
relating to reconsideration of parole eligibility for certain
inmates convicted of injury to a child, elderly person, or disabled
person.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as Emma's Law.
SECTION 2. Section 508.141, Government Code, is amended by
amending Subsection (g) and adding Subsection (g-1) to read as
follows:
(g) The board shall adopt a policy establishing the date on
which the board may reconsider for release an inmate who has
previously been denied release. The policy must require the board
to reconsider for release:
(1) an inmate serving a sentence for an offense listed
in Section 508.149(a) or for an offense punishable as a felony of
the second or third degree under Section 22.04, Penal Code, during a
month designated under Subsection (g-1) by the parole panel that
denied release; and
(2) an inmate other than an inmate described by
Subdivision (1) as soon as practicable after the first anniversary
of the date of the denial.
(g-1) The [designated] month designated under Subsection
(g)(1) by the parole panel that denied release must begin after the
first anniversary of the date of the denial and end before the fifth
anniversary of the date of the denial. [The policy must require the
board to reconsider for release an inmate other than an inmate
serving a sentence for an offense listed in Section 508.149(a) as
soon as practicable after the first anniversary of the date of the
denial.]
SECTION 3. The change in law made by this Act applies on or
after the effective date of this Act to the policy adopted by the
Board of Pardons and Paroles under Section 508.141(g), Government
Code, concerning the time by which the board must reconsider an
inmate for release on parole, regardless of whether the inmate is
serving a sentence for an offense committed before, on, or after the
effective date of this Act.
SECTION 4. 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, 2013.
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