By: Moody, et al. H.B. No. 686
(Senate Sponsor - Lucio, Eckhardt, Hall)
(In the Senate - Received from the House April 8, 2021;
May 10, 2021, read first time and referred to Committee on Criminal
Justice; May 20, 2021, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
May 20, 2021, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 686 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to the release on parole of certain youthful offenders;
changing parole eligibility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 508, Government Code, is
amended by adding Section 508.1415 to read as follows:
Sec. 508.1415. ADDITIONAL PAROLE CONSIDERATIONS FOR
YOUTHFUL OFFENDERS. (a) This section applies only to the
consideration for release on parole of an inmate who was younger
than 17 years of age at the time the offense for which the inmate is
eligible for release on parole was committed.
(b) In determining whether to release an inmate described by
Subsection (a) on parole, a parole panel shall assess the growth and
maturity of the inmate, taking into consideration:
(1) the diminished culpability of juveniles, as
compared to that of adults;
(2) the hallmark features of youth; and
(3) the greater capacity of juveniles for change, as
compared to that of adults.
(c) The board shall adopt a policy establishing factors for
a parole panel to consider when reviewing for release on parole an
inmate to whom this section applies to ensure that the inmate is
provided a meaningful opportunity to obtain release. The policy
must:
(1) consider the age of the inmate at the time of the
commission of the offense as a mitigating factor in favor of
granting release on parole;
(2) permit persons having knowledge of the inmate
before the inmate committed the offense or having knowledge of the
inmate's growth and maturity after the offense was committed to
submit statements regarding the inmate for consideration by the
parole panel; and
(3) establish a mechanism for the outcome of a
comprehensive mental health evaluation conducted by an expert
qualified by education and clinical training in adolescent mental
health issues to be considered by the parole panel.
(d) This section does not:
(1) affect the rights granted under this chapter or
Article 56A.051, Code of Criminal Procedure, to a victim, guardian
of a victim, or close relative of a deceased victim; or
(2) create a legal cause of action.
SECTION 2. Section 508.145, Government Code, is amended by
amending Subsection (b) and adding Subsection (d-2) to read as
follows:
(b) An inmate serving a life sentence under Section
12.31(a)(1), Penal Code, for a capital felony is not eligible for
release on parole until the actual calendar time the inmate has
served, without consideration of good conduct time, equals 30 [40]
calendar years, except that an inmate serving a life sentence under
Section 12.31(a)(1), Penal Code, for a capital felony under Section
19.03(a)(1) or (7) of that code is not eligible for release on
parole until the actual calendar time the inmate has served,
without consideration of good conduct time, equals 40 calendar
years.
(d-2)(1) This subsection applies only to an inmate who:
(A) is serving a sentence for:
(i) a first degree felony described by
Article 42A.054(a), Code of Criminal Procedure;
(ii) an offense under Section 20A.03 or
71.023, Penal Code; or
(iii) a first degree felony under Section
71.02, Penal Code; and
(B) was younger than 17 years of age at the time
the offense was committed.
(2) Notwithstanding any other provision of this
section, an inmate described by Subdivision (1) 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 one-half of the applicable time provided by this section,
whichever is less, but in no event is the inmate eligible for
release on parole in less than four calendar years unless the inmate
would otherwise be eligible for release on parole under another
provision of this section.
SECTION 3. 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 4. This Act takes effect January 1, 2022.
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