87R770 JRR-D
By: Miles S.B. No. 351
A BILL TO BE ENTITLED
AN ACT
relating to changing the eligibility for release on parole of
certain inmates serving sentences for certain offenses involving
family violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.01, Code of Criminal Procedure, is
amended by adding Section 16 to read as follows:
Sec. 16. In addition to the information described by
Section 1, the judgment must reflect affirmative findings entered
pursuant to Article 42.0135.
SECTION 2. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.0135 to read as follows:
Art. 42.0135. FINDING IN CERTAIN FAMILY VIOLENCE ASSAULT
CASES. In the trial of an offense under Section 22.01 or 22.02,
Penal Code, the judge shall make an affirmative finding of fact and
enter the affirmative finding in the judgment in the case if the
judge determines that the offense was committed:
(1) against a person whose relationship to or
association with the defendant is described by Section 71.0021(b),
71.003, or 71.005, Family Code; and
(2) by impeding the normal breathing or circulation of
the blood of the person by applying pressure to the person's throat
or neck or by blocking the person's nose or mouth.
SECTION 3. Section 508.145, Government Code, is amended by
adding Subsection (e-1) to read as follows:
(e-1) An inmate serving a sentence for an offense for which
the judgment contains an affirmative finding under Article 42.0135,
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:
(1) subject to Subdivision (2), five calendar years or
the term to which the inmate was sentenced, whichever is less; or
(2) if the judgment for the offense also contains an
affirmative finding under Article 42A.054(c) or (d), Code of
Criminal Procedure, one-half of the sentence or 30 calendar years,
whichever is less, except that notwithstanding Subsection (d)(2)
the inmate may not become eligible for release on parole in less
than five calendar years.
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.