Texas 2017 - 85th Regular

Texas House Bill HB1274 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R18352 JRR-D
2	2	By: Moody, Wu H.B. No. 1274
3	3	Substitute the following for H.B. No. 1274:
4	4	By: Moody C.S.H.B. No. 1274
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the release on parole of certain inmates convicted of an
10	10	offense committed when younger than 18 years of age; changing
11	11	parole eligibility.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 508.046, Government Code, is amended to
14	14	read as follows:
15	15	Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. To release on
16	16	parole an inmate who is serving a sentence for [was convicted of] an
17	17	offense under Section 20A.03, 21.02, 21.11(a)(1), or 22.021, Penal
18	18	Code, or who is serving a sentence under Section 12.42(c)(2), Penal
19	19	Code [required under Section 508.145(c) to serve 35 calendar years
20	20	before becoming eligible for release on parole], all members of the
21	21	board must vote on the release on parole of the inmate, and at least
22	22	two-thirds of the members must vote in favor of the release on
23	23	parole. A member of the board may not vote on the release unless the
24	24	member first receives a copy of a written report from the department
25	25	on the probability that the inmate would commit an offense after
26	26	being released on parole.
27	27	SECTION 2. Subchapter E, Chapter 508, Government Code, is
28	28	amended by adding Section 508.1415 to read as follows:
29	29	Sec. 508.1415. ADDITIONAL PAROLE CONSIDERATIONS FOR
30	30	YOUTHFUL OFFENDERS. (a) This section applies only to the
31	31	consideration for release on parole of an inmate who:
32	32	(1) is eligible for release on parole; and
33	33	(2) was younger than 18 years of age at the time the
34	34	offense for which the inmate is eligible for release on parole was
35	35	committed.
36	36	(b) In determining whether to release an inmate described by
37	37	Subsection (a) on parole, a parole panel shall assess the growth and
38	38	maturity of the inmate, taking into consideration:
39	39	(1) the diminished culpability of juveniles as
40	40	compared to that of adults; and
41	41	(2) the hallmark features of youth.
42	42	(c) In assessing an inmate's growth and maturity, a parole
43	43	panel shall consider the following information about the inmate:
44	44	(1) age at the time of the offense;
45	45	(2) developmental stage at the time of the offense;
46	46	(3) family and community environment;
47	47	(4) ability to appreciate the risks and consequences
48	48	of the conduct;
49	49	(5) intellectual capacity;
50	50	(6) if presented to the panel, the outcome of a
51	51	comprehensive mental health evaluation that is conducted by an
52	52	expert unaffiliated with the board, such as a psychiatrist,
53	53	psychologist, or psychiatric mental health advanced practice
54	54	registered nurse, who is qualified by education and clinical
55	55	training in adolescent mental health issues and that may include:
56	56	(A) family interviews;
57	57	(B) family history;
58	58	(C) prenatal history;
59	59	(D) developmental history;
60	60	(E) medical history;
61	61	(F) history of treatment for substance use;
62	62	(G) social history; and
63	63	(H) a psychological evaluation;
64	64	(7) peer or familial pressure;
65	65	(8) level of participation in the offense;
66	66	(9) inability to effectively communicate with defense
67	67	counsel or to participate meaningfully in the defense of the case;
68	68	(10) capacity for or demonstrations of
69	69	rehabilitation;
70	70	(11) school records and special education
71	71	evaluations;
72	72	(12) trauma history;
73	73	(13) faith and community involvement;
74	74	(14) involvement in the child welfare system; and
75	75	(15) any other mitigating factor or circumstance.
76	76	(d) The board may employ a psychiatrist, psychologist, or
77	77	psychiatric mental health advanced practice registered nurse who is
78	78	qualified by education and clinical training in adolescent mental
79	79	health issues to:
80	80	(1) conduct an evaluation described by Subsection
81	81	(c)(6), regardless of whether the evaluation is also conducted by
82	82	an expert unaffiliated with the board under that subdivision; or
83	83	(2) assist a parole panel in performing its other
84	84	duties under this section.
85	85	(e) The board shall adopt a policy establishing factors for
86	86	a parole panel to consider when reviewing for release on parole an
87	87	inmate to whom this section applies to ensure that the inmate is
88	88	provided a meaningful opportunity to obtain release. The policy
89	89	must allow persons having knowledge of the inmate before the inmate
90	90	committed the offense for which the inmate is eligible for parole or
91	91	having knowledge of the inmate's growth and maturity after the
92	92	offense was committed to submit statements regarding the inmate to
93	93	the parole panel, including:
94	94	(1) family members and friends of the inmate;
95	95	(2) school personnel;
96	96	(3) faith leaders; and
97	97	(4) representatives of community-based organizations.
98	98	(f) This section does not affect the rights granted under
99	99	this chapter or Article 56.02, Code of Criminal Procedure, to a
100	100	victim, guardian of a victim, or close relative of a deceased
101	101	victim.
102	102	SECTION 3. Section 508.145, Government Code, is amended by
103	103	adding Subsection (d-2) to read as follows:
104	104	(d-2)(1) This subsection applies only to an inmate who:
105	105	(A) is serving a sentence for:
106	106	(i) a capital or first degree felony
107	107	described by Article 42A.054(a), Code of Criminal Procedure;
108	108	(ii) an offense under Section 20A.03,
109	109	21.02, or 71.023, Penal Code; or
110	110	(iii) a first degree felony under Section
111	111	71.02, Penal Code; and
112	112	(B) was younger than 18 years of age at the time
113	113	the offense was committed.
114	114	(2) Notwithstanding any other subsection of this
115	115	section, an inmate described by Subdivision (1) is not eligible for
116	116	release on parole until the inmate's actual calendar time served,
117	117	without consideration of good conduct time, equals one-half of the
118	118	sentence or 20 calendar years, whichever is less, but in no event is
119	119	the inmate eligible for release on parole in less than two calendar
120	120	years.
121	121	SECTION 4. Sections 499.053(d) and 508.145(b), Government
122	122	Code, are repealed.
123	123	SECTION 5. The change in law made by this Act applies to any
124	124	inmate who is confined in a facility operated by or under contract
125	125	with the Texas Department of Criminal Justice on or after the
126	126	effective date of this Act, regardless of whether the offense for
127	127	which the inmate is confined occurred before, on, or after the
128	128	effective date of this Act.
129	129	SECTION 6. This Act takes effect immediately if it receives
130	130	a vote of two-thirds of all the members elected to each house, as
131	131	provided by Section 39, Article III, Texas Constitution. If this
132	132	Act does not receive the vote necessary for immediate effect, this
133	133	Act takes effect September 1, 2017.