H.B. No. 1279
AN ACT
relating to jury instructions regarding parole eligibility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections
4(a), (b), and (c), Article 37.07, Code
of Criminal Procedure, are amended to read as follows:
(a) 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 of which the jury has found the defendant
guilty is an offense under Section 71.02, Penal Code, other than an
offense punishable as a state jail felony under that section, an
offense under Section 71.023, Penal Code, or an offense listed in
Article 42A.054(a), or if the judgment contains an affirmative
finding under Article 42A.054(c) or (d), unless the defendant has
been convicted of an offense under Section 21.02, Penal Code, an
offense under Section 22.021, Penal Code, that is punishable under
Subsection (f) of that section, or a capital felony, 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.]
"The [It is also possible that the] length of time for which a
[the] defendant is [will be] imprisoned may [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, the defendant will not become
eligible for parole until the actual time served equals one-half of
the sentence imposed or 30 years, whichever is less[, without
consideration of any good conduct time the defendant may earn]. If
the defendant is sentenced to a term of less than four years, the
defendant must serve at least two years before the defendant is
eligible for parole. 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 sentenced
to a term of imprisonment, because the application of that law
[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."
(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 Article 42A.054(a) or
the judgment contains an affirmative finding under Article
42A.054(c) or (d), the court shall charge the jury in writing as
follows:
"The length of time for which a defendant is imprisoned may be
reduced by the award of parole.
"Under the law applicable in this case, the defendant, if
sentenced to a term of imprisonment, may earn early parole
eligibility [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, the defendant [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."
(c) 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 second or
third degree, if a prior conviction has been alleged for
enhancement as provided by Section 12.42(a), 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 60 years or
less, unless the offense of which the jury has found the defendant
guilty is listed in Article 42A.054(a) or the judgment contains an
affirmative finding under Article 42A.054(c) or (d), the court
shall charge the jury in writing as follows:
"The length of time for which a defendant is imprisoned may be
reduced by the award of parole.
"Under the law applicable in this case, the defendant, if
sentenced to a term of imprisonment, may earn early parole
eligibility [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, the defendant [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.
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. The change in law made by this Act applies to a
defendant sentenced for an offense on or after the effective date of
this Act, regardless of when the offense was committed.
SECTION 3. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1279 was passed by the House on April
12, 2019, by the following vote: Yeas 144, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1279 was passed by the Senate on May
15, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor