Texas 2021 - 87th Regular

Texas House Bill HB686 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 686
	1	+	By: Moody, et al. H.B. No. 686
	2	+	(Senate Sponsor - Lucio, Eckhardt, Hall)
	3	+	(In the Senate - Received from the House April 8, 2021;
	4	+	May 10, 2021, read first time and referred to Committee on Criminal
	5	+	Justice; May 20, 2021, reported adversely, with favorable
	6	+	Committee Substitute by the following vote: Yeas 7, Nays 0;
	7	+	May 20, 2021, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 686 By: Whitmire
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to the release on parole of certain youthful offenders;
6	15		changing parole eligibility.
7	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	17		SECTION 1. Subchapter E, Chapter 508, Government Code, is
9	18		amended by adding Section 508.1415 to read as follows:
10	19		Sec. 508.1415. ADDITIONAL PAROLE CONSIDERATIONS FOR
11	20		YOUTHFUL OFFENDERS. (a) This section applies only to the
12	21		consideration for release on parole of an inmate who was younger
13	22		than 17 years of age at the time the offense for which the inmate is
14	23		eligible for release on parole was committed.
15	24		(b) In determining whether to release an inmate described by
16	25		Subsection (a) on parole, a parole panel shall assess the growth and
17	26		maturity of the inmate, taking into consideration:
18	27		(1) the diminished culpability of juveniles, as
19	28		compared to that of adults;
20	29		(2) the hallmark features of youth; and
21	30		(3) the greater capacity of juveniles for change, as
22	31		compared to that of adults.
23	32		(c) The board shall adopt a policy establishing factors for
24	33		a parole panel to consider when reviewing for release on parole an
25	34		inmate to whom this section applies to ensure that the inmate is
26	35		provided a meaningful opportunity to obtain release. The policy
27	36		must:
28	37		(1) consider the age of the inmate at the time of the
29	38		commission of the offense as a mitigating factor in favor of
30	39		granting release on parole;
31	40		(2) permit persons having knowledge of the inmate
32	41		before the inmate committed the offense or having knowledge of the
33	42		inmate's growth and maturity after the offense was committed to
34	43		submit statements regarding the inmate for consideration by the
35	44		parole panel; and
36	45		(3) establish a mechanism for the outcome of a
37	46		comprehensive mental health evaluation conducted by an expert
38	47		qualified by education and clinical training in adolescent mental
39	48		health issues to be considered by the parole panel.
40	49		(d) This section does not:
41	50		(1) affect the rights granted under this chapter or
42	51		Article 56A.051, Code of Criminal Procedure, to a victim, guardian
43	52		of a victim, or close relative of a deceased victim; or
44	53		(2) create a legal cause of action.
45	54		SECTION 2. Section 508.145, Government Code, is amended by
46	55		amending Subsection (b) and adding Subsection (d-2) to read as
47	56		follows:
48	57		(b) An inmate serving a life sentence under Section
49	58		12.31(a)(1), Penal Code, for a capital felony is not eligible for
50	59		release on parole until the actual calendar time the inmate has
51	60		served, without consideration of good conduct time, equals 30 [40]
52	61		calendar years, except that an inmate serving a life sentence under
53	62		Section 12.31(a)(1), Penal Code, for a capital felony under Section
54	63		19.03(a)(1) or (7) of that code is not eligible for release on
55	64		parole until the actual calendar time the inmate has served,
56	65		without consideration of good conduct time, equals 40 calendar
57	66		years.
58	67		(d-2)(1) This subsection applies only to an inmate who:
59	68		(A) is serving a sentence for:
60	69		(i) a first degree felony described by
61	70		Article 42A.054(a), Code of Criminal Procedure;
62	71		(ii) an offense under Section 20A.03 or
63	72		71.023, Penal Code; or
64	73		(iii) a first degree felony under Section
65	74		71.02, Penal Code; and
66	75		(B) was younger than 17 years of age at the time
67	76		the offense was committed.
68	77		(2) Notwithstanding any other provision of this
69	78		section, an inmate described by Subdivision (1) is not eligible for
70	79		release on parole until the inmate's actual calendar time served,
71		-	without consideration of good conduct time, equals 30 calendar
	80	+	without consideration of good conduct time, equals 20 calendar
72	81		years or one-half of the applicable time provided by this section,
73	82		whichever is less, but in no event is the inmate eligible for
74	83		release on parole in less than four calendar years unless the inmate
75	84		would otherwise be eligible for release on parole under another
76	85		provision of this section.
77		-	SECTION 3. The change in law made by this Act applies to any
78		-	inmate who is confined in a facility operated by or under contract
79		-	with the Texas Department of Criminal Justice on or after the
80		-	effective date of this Act, regardless of whether the offense for
81		-	which the inmate is confined occurred before, on, or after the
82		-	effective date of this Act.
	86	+	SECTION 3. The change in law made by this Act applies only
	87	+	to an offense committed on or after the effective date of this Act.
	88	+	An offense committed before the effective date of this Act is
	89	+	governed by the law in effect on the date the offense was committed,
	90	+	and the former law is continued in effect for that purpose. For
	91	+	purposes of this section, an offense was committed before the
	92	+	effective date of this Act if any element of the offense occurred
	93	+	before that date.
83	94		SECTION 4. This Act takes effect January 1, 2022.
84		-	______________________________ ______________________________
85		-	President of the Senate Speaker of the House
86		-	I certify that H.B. No. 686 was passed by the House on April
87		-	8, 2021, by the following vote: Yeas 110, Nays 39, 1 present, not
88		-	voting; and that the House concurred in Senate amendments to H.B.
89		-	No. 686 on May 30, 2021, by the following vote: Yeas 134, Nays 6, 1
90		-	present, not voting.
91		-	______________________________
92		-	Chief Clerk of the House
93		-	I certify that H.B. No. 686 was passed by the Senate, with
94		-	amendments, on May 24, 2021, by the following vote: Yeas 29, Nays
95		-	1.
96		-	______________________________
97		-	Secretary of the Senate
98		-	APPROVED: __________________
99		-	Date
100		-	__________________
101		-	Governor
	95	+	* * * * *