By: Shaheen, et al. (Senate Sponsor - Huffman) H.B. No. 465
(In the Senate - Received from the House April 19, 2021;
April 19, 2021, read first time and referred to Committee on
Criminal Justice; May 20, 2021, reported favorably by the
following vote: Yeas 7, Nays 0; May 20, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to changing the eligibility for release on parole of
certain inmates serving sentences for trafficking offenses
involving one or more child victims.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.01991 to read as follows:
Art. 42.01991. FINDING REGARDING AGREEMENT ON PAROLE
ELIGIBILITY FOR CERTAIN DEFENDANTS. (a) This article applies only
in the trial of an offense under Section 20A.02(a)(5), (6), (7), or
(8), Penal Code, in which:
(1) the defendant enters a plea of guilty; and
(2) the attorney representing the state, the attorney
representing the defendant, and the defendant agree in writing that
the defendant will become eligible for release on parole as
described by Section 508.145(c-1)(2), Government Code.
(b) In the trial of an offense to which this article
applies, on the motion of the attorney representing the state, the
judge shall make an affirmative finding of fact that the parties
have entered into the agreement described by Subsection (a)(2) and
shall enter the affirmative finding in the judgment in the case.
SECTION 2. Section 508.145, Government Code, is amended by
amending Subsection (a) and adding Subsection (c-1) to read as
follows:
(a) An inmate is not eligible for release on parole if the
inmate is under sentence of death, serving a sentence of life
imprisonment without parole, or serving a sentence for any of the
following offenses under the Penal Code:
(1) Section 20A.03, if the offense is based partly or
wholly on conduct constituting an offense under Section
20A.02(a)(5), (6), (7), or (8);
(2) [serving a sentence for an offense under] Section
21.02; or
(3) [, Penal Code, or serving a sentence for an offense
under] Section 22.021, if the offense [Penal Code, that] is
punishable under Subsection (f) of that section [is not eligible
for release on parole].
(c-1)(1) Except as provided by Subdivision (2), an inmate
serving a sentence for an offense under Section 20A.02(a)(5), (6),
(7), or (8), Penal Code, is not eligible for release on parole.
(2) An inmate serving a sentence for an offense
described by Subdivision (1) for which the judgment in the case
contains an affirmative finding under Article 42.01991, Code of
Criminal Procedure, is not eligible for release on parole until the
inmate's actual calendar time served, without consideration of good
conduct time, equals one-half of the sentence or 30 calendar years,
whichever is less, but in no event is the inmate eligible for
release on parole in less than two calendar years.
SECTION 3. Section 508.145(d)(1), Government Code, is
amended to read as follows:
(d)(1) This subsection applies only to an inmate who is
serving a sentence for:
(A) an offense described by Article 42A.054(a),
Code of Criminal Procedure, other than an offense under Section
19.03, Penal Code, or an offense under Chapter 20A, Penal Code, that
is described by Subsection (a)(1) or (c-1)(1);
(B) an offense for which the judgment contains an
affirmative finding under Article 42A.054(c) or (d), Code of
Criminal Procedure; or
(C) [an offense under Section 20A.03, Penal Code;
or
[(D)] an offense under Section 71.02 or 71.023,
Penal Code.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect September 1, 2021.
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