Texas 2021 - 87th Regular

Texas House Bill HB465 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 465
	1	+	By: Shaheen, et al. (Senate Sponsor - Huffman) H.B. No. 465
	2	+	(In the Senate - Received from the House April 19, 2021;
	3	+	April 19, 2021, read first time and referred to Committee on
	4	+	Criminal Justice; May 20, 2021, reported favorably by the
	5	+	following vote: Yeas 7, Nays 0; May 20, 2021, 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 changing the eligibility for release on parole of
6	12		certain inmates serving sentences for trafficking offenses
7	13		involving one or more child victims.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Chapter 42, Code of Criminal Procedure, is
10	16		amended by adding Article 42.01991 to read as follows:
11	17		Art. 42.01991. FINDING REGARDING AGREEMENT ON PAROLE
12	18		ELIGIBILITY FOR CERTAIN DEFENDANTS. (a) This article applies only
13	19		in the trial of an offense under Section 20A.02(a)(5), (6), (7), or
14	20		(8), Penal Code, in which:
15	21		(1) the defendant enters a plea of guilty; and
16	22		(2) the attorney representing the state, the attorney
17	23		representing the defendant, and the defendant agree in writing that
18	24		the defendant will become eligible for release on parole as
19	25		described by Section 508.145(c-1)(2), Government Code.
20	26		(b) In the trial of an offense to which this article
21	27		applies, on the motion of the attorney representing the state, the
22	28		judge shall make an affirmative finding of fact that the parties
23	29		have entered into the agreement described by Subsection (a)(2) and
24	30		shall enter the affirmative finding in the judgment in the case.
25	31		SECTION 2. Section 508.145, Government Code, is amended by
26	32		amending Subsection (a) and adding Subsection (c-1) to read as
27	33		follows:
28	34		(a) An inmate is not eligible for release on parole if the
29	35		inmate is under sentence of death, serving a sentence of life
30	36		imprisonment without parole, or serving a sentence for any of the
31	37		following offenses under the Penal Code:
32	38		(1) Section 20A.03, if the offense is based partly or
33	39		wholly on conduct constituting an offense under Section
34	40		20A.02(a)(5), (6), (7), or (8);
35	41		(2) [serving a sentence for an offense under] Section
36	42		21.02; or
37	43		(3) [, Penal Code, or serving a sentence for an offense
38	44		under] Section 22.021, if the offense [Penal Code, that] is
39	45		punishable under Subsection (f) of that section [is not eligible
40	46		for release on parole].
41	47		(c-1)(1) Except as provided by Subdivision (2), an inmate
42	48		serving a sentence for an offense under Section 20A.02(a)(5), (6),
43	49		(7), or (8), Penal Code, is not eligible for release on parole.
44	50		(2) An inmate serving a sentence for an offense
45	51		described by Subdivision (1) for which the judgment in the case
46	52		contains an affirmative finding under Article 42.01991, Code of
47	53		Criminal Procedure, is not eligible for release on parole until the
48	54		inmate's actual calendar time served, without consideration of good
49	55		conduct time, equals one-half of the sentence or 30 calendar years,
50	56		whichever is less, but in no event is the inmate eligible for
51	57		release on parole in less than two calendar years.
52	58		SECTION 3. Section 508.145(d)(1), Government Code, is
53	59		amended to read as follows:
54	60		(d)(1) This subsection applies only to an inmate who is
55	61		serving a sentence for:
56	62		(A) an offense described by Article 42A.054(a),
57	63		Code of Criminal Procedure, other than an offense under Section
58	64		19.03, Penal Code, or an offense under Chapter 20A, Penal Code, that
59	65		is described by Subsection (a)(1) or (c-1)(1);
60	66		(B) an offense for which the judgment contains an
61	67		affirmative finding under Article 42A.054(c) or (d), Code of
62	68		Criminal Procedure; or
63	69		(C) [an offense under Section 20A.03, Penal Code;
64	70		or
65	71		[(D)] an offense under Section 71.02 or 71.023,
66	72		Penal Code.
67	73		SECTION 4. The change in law made by this Act applies only
68	74		to an offense committed on or after the effective date of this Act.
69	75		An offense committed before the effective date of this Act is
70	76		governed by the law in effect on the date the offense was committed,
71	77		and the former law is continued in effect for that purpose. For
72	78		purposes of this section, an offense was committed before the
73	79		effective date of this Act if any element of the offense occurred
74	80		before that date.
75	81		SECTION 5. This Act takes effect September 1, 2021.
76		-	______________________________ ______________________________
77		-	President of the Senate Speaker of the House
78		-	I certify that H.B. No. 465 was passed by the House on April
79		-	15, 2021, by the following vote: Yeas 143, Nays 1, 1 present, not
80		-	voting.
81		-	______________________________
82		-	Chief Clerk of the House
83		-	I certify that H.B. No. 465 was passed by the Senate on May
84		-	27, 2021, by the following vote: Yeas 31, Nays 0.
85		-	______________________________
86		-	Secretary of the Senate
87		-	APPROVED: _____________________
88		-	Date
89		-	_____________________
90		-	Governor
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