87R8964 JRR-D
By: Moody H.B. No. 2177
A BILL TO BE ENTITLED
AN ACT
relating to the release of certain inmates on parole; changing
parole eligibility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 508.144, Government Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) The parole guidelines must require a parole panel to
consider the following as mitigating factors favoring parole
approval:
(1) for an inmate serving a sentence for an offense
committed when the inmate was younger than 26 years of age, the
diminished culpability that accompanies the hallmark features of
youth, including immaturity, impetuousness, and the failure to
appreciate risks and consequences;
(2) an inmate's current age and relevant data
regarding the decline in criminality as individuals age; and
(3) if provided to the parole panel, any opinion in
support of an inmate's release on parole from:
(A) the attorney representing the state in the
prosecution of the offense for which the inmate is serving a
sentence; or
(B) the judge that imposed the inmate's sentence.
SECTION 2. Section 508.145, Government Code, is amended by
adding Subsection (g) to read as follows:
(g)(1) Notwithstanding any other provision of this section
and except as provided by Subdivision (2):
(A) an inmate who is 35 years of age or older but
younger than 50 years of age is not eligible for release on parole
until the inmate's actual calendar time served, without
consideration of good conduct time, equals 20 calendar years or the
applicable time provided by another provision of this section,
whichever is less; and
(B) an inmate who is 50 years of age or older is
not eligible for release on parole until the inmate's actual
calendar time served, without consideration of good conduct time,
equals 15 calendar years or the applicable time provided by another
provision of this section, whichever is less.
(2) This subsection does not apply to an inmate
described by Subsection (a), (b), (c), or (d)(1)(A), other than an
inmate serving a sentence for an offense under Section 29.03, Penal
Code.
SECTION 3. As soon as practicable after the effective date
of this Act, the Board of Pardons and Paroles shall modify the
parole guidelines to be in conformity with Section 508.144(a-1),
Government Code, as added by this Act.
SECTION 4. The change in law made by this Act applies to any
inmate who is confined in a facility operated by or under contract
with the Texas Department of Criminal Justice on or after the
effective date of this Act, regardless of whether the offense for
which the inmate is confined occurred before, on, or after the
effective date of this Act.
SECTION 5. This Act takes effect September 1, 2021.