Texas 2019 - 86th Regular

Texas House Bill HB1279 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1279
	1	+	By: Allen (Senate Sponsor - Menéndez) H.B. No. 1279
	2	+	(In the Senate - Received from the House April 15, 2019;
	3	+	April 16, 2019, read first time and referred to Committee on
	4	+	Criminal Justice; May 9, 2019, reported favorably by the following
	5	+	vote: Yeas 6, Nays 0; May 9, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to jury instructions regarding parole eligibility.
6	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7		-	SECTION 1. Sections
8		-	4(a), (b), and (c), Article 37.07, Code
	13	+	SECTION 1. Sections 4(a), (b), and (c), Article 37.07, Code
9	14		of Criminal Procedure, are amended to read as follows:
10	15		(a) In the penalty phase of the trial of a felony case in
11	16		which the punishment is to be assessed by the jury rather than the
12	17		court, if the offense of which the jury has found the defendant
13	18		guilty is an offense under Section 71.02, Penal Code, other than an
14	19		offense punishable as a state jail felony under that section, an
15	20		offense under Section 71.023, Penal Code, or an offense listed in
16	21		Article 42A.054(a), or if the judgment contains an affirmative
17	22		finding under Article 42A.054(c) or (d), unless the defendant has
18	23		been convicted of an offense under Section 21.02, Penal Code, an
19	24		offense under Section 22.021, Penal Code, that is punishable under
20	25		Subsection (f) of that section, or a capital felony, the court shall
21	26		charge the jury in writing as follows:
22	27		["Under the law applicable in this case, the defendant, if
23	28		sentenced to a term of imprisonment, may earn time off the period of
24	29		incarceration imposed through the award of good conduct
25	30		time. Prison authorities may award good conduct time to a prisoner
26	31		who exhibits good behavior, diligence in carrying out prison work
27	32		assignments, and attempts at rehabilitation. If a prisoner
28	33		engages in misconduct, prison authorities may also take away all or
29	34		part of any good conduct time earned by the prisoner.]
30	35		"The [It is also possible that the] length of time for which a
31	36		[the] defendant is [will be] imprisoned may [might] be reduced by
32	37		the award of parole.
33	38		"Under the law applicable in this case, if the defendant is
34	39		sentenced to a term of imprisonment, the defendant will not become
35	40		eligible for parole until the actual time served equals one-half of
36	41		the sentence imposed or 30 years, whichever is less[, without
37	42		consideration of any good conduct time the defendant may earn]. If
38	43		the defendant is sentenced to a term of less than four years, the
39	44		defendant must serve at least two years before the defendant is
40	45		eligible for parole. Eligibility for parole does not guarantee
41	46		that parole will be granted.
42	47		"It cannot accurately be predicted how the parole law [and
43	48		good conduct time] might be applied to this defendant if sentenced
44	49		to a term of imprisonment, because the application of that law
45	50		[these laws] will depend on decisions made by [prison and] parole
46	51		authorities.
47	52		"You may consider the existence of the parole law [and good
48	53		conduct time. However, you are not to consider the extent to which
49	54		good conduct time may be awarded to or forfeited by this particular
50	55		defendant]. You are not to consider the manner in which the parole
51	56		law may be applied to this particular defendant."
52	57		(b) In the penalty phase of the trial of a felony case in
53	58		which the punishment is to be assessed by the jury rather than the
54	59		court, if the offense is punishable as a felony of the first degree,
55	60		if a prior conviction has been alleged for enhancement of
56	61		punishment as provided by Section 12.42(b), (c)(1) or (2), or (d),
57	62		Penal Code, or if the offense is a felony not designated as a
58	63		capital felony or a felony of the first, second, or third degree and
59	64		the maximum term of imprisonment that may be imposed for the offense
60	65		is longer than 60 years, unless the offense of which the jury has
61	66		found the defendant guilty is an offense that is punishable under
62	67		Section 21.02(h), Penal Code, or is listed in Article 42A.054(a) or
63	68		the judgment contains an affirmative finding under Article
64	69		42A.054(c) or (d), the court shall charge the jury in writing as
65	70		follows:
66	71		"The length of time for which a defendant is imprisoned may be
67	72		reduced by the award of parole.
68	73		"Under the law applicable in this case, the defendant, if
69	74		sentenced to a term of imprisonment, may earn early parole
70	75		eligibility [time off the period of incarceration imposed] through
71	76		the award of good conduct time. Prison authorities may award good
72	77		conduct time to a prisoner who exhibits good behavior, diligence in
73	78		carrying out prison work assignments, and attempts at
74	79		rehabilitation. If a prisoner engages in misconduct, prison
75	80		authorities may also take away all or part of any good conduct time
76	81		earned by the prisoner.
77	82		["It is also possible that the length of time for which the
78	83		defendant will be imprisoned might be reduced by the award of
79	84		parole.]
80	85		"Under the law applicable in this case, if the defendant is
81	86		sentenced to a term of imprisonment, the defendant [he] will not
82	87		become eligible for parole until the actual time served plus any
83	88		good conduct time earned equals one-fourth of the sentence imposed
84	89		or 15 years, whichever is less. Eligibility for parole does not
85	90		guarantee that parole will be granted.
86	91		"It cannot accurately be predicted how the parole law and
87	92		good conduct time might be applied to this defendant if [he is]
88	93		sentenced to a term of imprisonment, because the application of
89	94		these laws will depend on decisions made by prison and parole
90	95		authorities.
91	96		"You may consider the existence of the parole law and good
92	97		conduct time. However, you are not to consider the extent to which
93	98		good conduct time may be awarded to or forfeited by this particular
94	99		defendant. You are not to consider the manner in which the parole
95	100		law may be applied to this particular defendant."
96	101		(c) In the penalty phase of the trial of a felony case in
97	102		which the punishment is to be assessed by the jury rather than the
98	103		court, if the offense is punishable as a felony of the second or
99	104		third degree, if a prior conviction has been alleged for
100	105		enhancement as provided by Section 12.42(a), Penal Code, or if the
101	106		offense is a felony not designated as a capital felony or a felony
102	107		of the first, second, or third degree and the maximum term of
103	108		imprisonment that may be imposed for the offense is 60 years or
104	109		less, unless the offense of which the jury has found the defendant
105	110		guilty is listed in Article 42A.054(a) or the judgment contains an
106	111		affirmative finding under Article 42A.054(c) or (d), the court
107	112		shall charge the jury in writing as follows:
108	113		"The length of time for which a defendant is imprisoned may be
109	114		reduced by the award of parole.
110	115		"Under the law applicable in this case, the defendant, if
111	116		sentenced to a term of imprisonment, may earn early parole
112	117		eligibility [time off the period of incarceration imposed] through
113	118		the award of good conduct time. Prison authorities may award good
114	119		conduct time to a prisoner who exhibits good behavior, diligence in
115	120		carrying out prison work assignments, and attempts at
116	121		rehabilitation. If a prisoner engages in misconduct, prison
117	122		authorities may also take away all or part of any good conduct time
118	123		earned by the prisoner.
119	124		["It is also possible that the length of time for which the
120	125		defendant will be imprisoned might be reduced by the award of
121	126		parole.]
122	127		"Under the law applicable in this case, if the defendant is
123	128		sentenced to a term of imprisonment, the defendant [he] will not
124	129		become eligible for parole until the actual time served plus any
125	130		good conduct time earned equals one-fourth of the sentence imposed.
126	131		Eligibility for parole does not guarantee that parole will be
127	132		granted.
128	133		"It cannot accurately be predicted how the parole law and
129	134		good conduct time might be applied to this defendant if [he is]
130	135		sentenced to a term of imprisonment, because the application of
131	136		these laws will depend on decisions made by prison and parole
132	137		authorities.
133	138		"You may consider the existence of the parole law and good
134	139		conduct time. However, you are not to consider the extent to which
135	140		good conduct time may be awarded to or forfeited by this particular
136	141		defendant. You are not to consider the manner in which the parole
137	142		law may be applied to this particular defendant."
138	143		SECTION 2. The change in law made by this Act applies to a
139	144		defendant sentenced for an offense on or after the effective date of
140	145		this Act, regardless of when the offense was committed.
141	146		SECTION 3. This Act takes effect September 1, 2019.
142		-	______________________________ ______________________________
143		-	President of the Senate Speaker of the House
144		-	I certify that H.B. No. 1279 was passed by the House on April
145		-	12, 2019, by the following vote: Yeas 144, Nays 0, 1 present, not
146		-	voting.
147		-	______________________________
148		-	Chief Clerk of the House
149		-	I certify that H.B. No. 1279 was passed by the Senate on May
150		-	15, 2019, by the following vote: Yeas 31, Nays 0.
151		-	______________________________
152		-	Secretary of the Senate
153		-	APPROVED: _____________________
154		-	Date
155		-	_____________________
156		-	Governor
	147	+	* * * * *