BILL ANALYSIS Senate Research Center H.B. 1914 84R3449 MAW-D By: Bonnen, Dennis; Fallon (Hancock) Criminal Justice 5/17/2015 Engrossed
BILL ANALYSIS
Senate Research Center H.B. 1914
84R3449 MAW-D By: Bonnen, Dennis; Fallon (Hancock)
Criminal Justice
5/17/2015
Engrossed
Senate Research Center
H.B. 1914
84R3449 MAW-D
By: Bonnen, Dennis; Fallon (Hancock)
Criminal Justice
5/17/2015
Engrossed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Under current law, after offenders convicted of aggravated sexual assault or capital murder become eligible for parole and are denied, they must be reconsidered every one to five years. In some instances, policy dictates that the Board of Pardons and Paroles sets off reconsideration of these cases, even for egregious offenses, for as little as three years. Because of this, some families have to begin the painful process of protesting potential parole every two-and-a-half years. H.B. 1914 would provide the Board of Pardons and Paroles the discretion to delay reconsideration for parole after an initial denial for up to ten years, instead of five years, for offenders convicted of aggravated sexual assault and offenders serving a life sentence for a capital felony. H.B. 1914 amends current law relating to the frequency with which the Board of Pardons and Paroles considers the eligibility of certain inmates for release on parole. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 508.141(g-1), Government Code, to require that the month designated under Subsection (g)(1) by the parole panel that denied release begin after the first anniversary of the date of the denial and end before the fifth anniversary of the date of the denial, unless the inmate is serving a sentence for an offense under Section 22.021 (Aggravated Sexual Assault), Penal Code, or a life sentence for a capital felony, in which event the designated month must begin after the first anniversary of the date of the denial and end before the 10th anniversary of the date of the denial. SECTION 2. Requires the Board of Pardons and Paroles to adopt a policy consistent with Section 508.141(g-1), Government Code, as amended by this Act, as soon as practicable after the effective date of this Act. SECTION 3. Effective date: September 1, 2015.
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Under current law, after offenders convicted of aggravated sexual assault or capital murder become eligible for parole and are denied, they must be reconsidered every one to five years. In some instances, policy dictates that the Board of Pardons and Paroles sets off reconsideration of these cases, even for egregious offenses, for as little as three years. Because of this, some families have to begin the painful process of protesting potential parole every two-and-a-half years.
H.B. 1914 would provide the Board of Pardons and Paroles the discretion to delay reconsideration for parole after an initial denial for up to ten years, instead of five years, for offenders convicted of aggravated sexual assault and offenders serving a life sentence for a capital felony.
H.B. 1914 amends current law relating to the frequency with which the Board of Pardons and Paroles considers the eligibility of certain inmates for release on parole.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 508.141(g-1), Government Code, to require that the month designated under Subsection (g)(1) by the parole panel that denied release begin after the first anniversary of the date of the denial and end before the fifth anniversary of the date of the denial, unless the inmate is serving a sentence for an offense under Section 22.021 (Aggravated Sexual Assault), Penal Code, or a life sentence for a capital felony, in which event the designated month must begin after the first anniversary of the date of the denial and end before the 10th anniversary of the date of the denial.
SECTION 2. Requires the Board of Pardons and Paroles to adopt a policy consistent with Section 508.141(g-1), Government Code, as amended by this Act, as soon as practicable after the effective date of this Act.
SECTION 3. Effective date: September 1, 2015.