| 1 | 1 | | 87R770 JRR-D |
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| 2 | 2 | | By: Miles S.B. No. 351 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to changing the eligibility for release on parole of |
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| 8 | 8 | | certain inmates serving sentences for certain offenses involving |
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| 9 | 9 | | family violence. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 42.01, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Section 16 to read as follows: |
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| 13 | 13 | | Sec. 16. In addition to the information described by |
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| 14 | 14 | | Section 1, the judgment must reflect affirmative findings entered |
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| 15 | 15 | | pursuant to Article 42.0135. |
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| 16 | 16 | | SECTION 2. Chapter 42, Code of Criminal Procedure, is |
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| 17 | 17 | | amended by adding Article 42.0135 to read as follows: |
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| 18 | 18 | | Art. 42.0135. FINDING IN CERTAIN FAMILY VIOLENCE ASSAULT |
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| 19 | 19 | | CASES. In the trial of an offense under Section 22.01 or 22.02, |
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| 20 | 20 | | Penal Code, the judge shall make an affirmative finding of fact and |
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| 21 | 21 | | enter the affirmative finding in the judgment in the case if the |
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| 22 | 22 | | judge determines that the offense was committed: |
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| 23 | 23 | | (1) against a person whose relationship to or |
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| 24 | 24 | | association with the defendant is described by Section 71.0021(b), |
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| 25 | 25 | | 71.003, or 71.005, Family Code; and |
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| 26 | 26 | | (2) by impeding the normal breathing or circulation of |
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| 27 | 27 | | the blood of the person by applying pressure to the person's throat |
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| 28 | 28 | | or neck or by blocking the person's nose or mouth. |
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| 29 | 29 | | SECTION 3. Section 508.145, Government Code, is amended by |
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| 30 | 30 | | adding Subsection (e-1) to read as follows: |
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| 31 | 31 | | (e-1) An inmate serving a sentence for an offense for which |
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| 32 | 32 | | the judgment contains an affirmative finding under Article 42.0135, |
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| 33 | 33 | | Code of Criminal Procedure, is not eligible for release on parole |
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| 34 | 34 | | until the inmate's actual calendar time served, without |
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| 35 | 35 | | consideration of good conduct time, equals: |
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| 36 | 36 | | (1) subject to Subdivision (2), five calendar years or |
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| 37 | 37 | | the term to which the inmate was sentenced, whichever is less; or |
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| 38 | 38 | | (2) if the judgment for the offense also contains an |
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| 39 | 39 | | affirmative finding under Article 42A.054(c) or (d), Code of |
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| 40 | 40 | | Criminal Procedure, one-half of the sentence or 30 calendar years, |
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| 41 | 41 | | whichever is less, except that notwithstanding Subsection (d)(2) |
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| 42 | 42 | | the inmate may not become eligible for release on parole in less |
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| 43 | 43 | | than five calendar years. |
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| 44 | 44 | | SECTION 4. The change in law made by this Act applies only |
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| 45 | 45 | | to an offense committed on or after the effective date of this Act. |
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| 46 | 46 | | An offense committed before the effective date of this Act is |
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| 47 | 47 | | governed by the law in effect on the date the offense was committed, |
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| 48 | 48 | | and the former law is continued in effect for that purpose. For |
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| 49 | 49 | | purposes of this section, an offense was committed before the |
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| 50 | 50 | | effective date of this Act if any element of the offense occurred |
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| 51 | 51 | | before that date. |
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| 52 | 52 | | SECTION 5. This Act takes effect September 1, 2021. |
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