Texas 2021 - 87th 2nd C.S.

Texas Senate Bill SB77 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87S20659 JRR-D
2	2	By: Lucio S.B. No. 77
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the release on parole of certain youthful offenders;
8	8	changing parole eligibility.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 42.01991(a), Code of Criminal Procedure,
11	11	as effective September 1, 2021, is amended to read as follows:
12	12	(a) This article applies only in the trial of an offense
13	13	under Section 20A.02(a)(5), (6), (7), or (8), Penal Code, in which:
14	14	(1) the defendant enters a plea of guilty; and
15	15	(2) the attorney representing the state, the attorney
16	16	representing the defendant, and the defendant agree in writing that
17	17	the defendant will become eligible for release on parole as
18	18	described by Section 508.145(c-1)(2) or (d-2)(2), Government Code,
19	19	as applicable.
20	20	SECTION 2. Subchapter E, Chapter 508, Government Code, is
21	21	amended by adding Section 508.1415 to read as follows:
22	22	Sec. 508.1415. ADDITIONAL PAROLE CONSIDERATIONS FOR
23	23	YOUTHFUL OFFENDERS. (a) This section applies only to the
24	24	consideration for release on parole of an inmate who was younger
25	25	than 17 years of age at the time the offense for which the inmate is
26	26	eligible for release on parole was committed.
27	27	(b) In determining whether to release an inmate described by
28	28	Subsection (a) on parole, a parole panel shall assess the growth and
29	29	maturity of the inmate, taking into consideration:
30	30	(1) the diminished culpability of juveniles, as
31	31	compared to that of adults;
32	32	(2) the hallmark features of youth; and
33	33	(3) the greater capacity of juveniles for change, as
34	34	compared to that of adults.
35	35	(c) The board shall adopt a policy establishing factors for
36	36	a parole panel to consider when reviewing for release on parole an
37	37	inmate to whom this section applies to ensure that the inmate is
38	38	provided a meaningful opportunity to obtain release. The policy
39	39	must:
40	40	(1) consider the age of the inmate at the time of the
41	41	commission of the offense as a mitigating factor in favor of
42	42	granting release on parole;
43	43	(2) permit persons having knowledge of the inmate
44	44	before the inmate committed the offense or having knowledge of the
45	45	inmate's growth and maturity after the offense was committed to
46	46	submit statements regarding the inmate for consideration by the
47	47	parole panel; and
48	48	(3) establish a mechanism for the outcome of a
49	49	comprehensive mental health evaluation conducted by an expert
50	50	qualified by education and clinical training in adolescent mental
51	51	health issues to be considered by the parole panel.
52	52	(d) This section does not:
53	53	(1) affect the rights granted under this chapter or
54	54	Article 56A.051, Code of Criminal Procedure, to a victim, guardian
55	55	of a victim, or close relative of a deceased victim; or
56	56	(2) create a legal cause of action.
57	57	SECTION 3. Section 508.145, Government Code, is amended by
58	58	amending Subsection (b) and adding Subsection (d-2) to read as
59	59	follows:
60	60	(b) An inmate serving a life sentence under Section
61	61	12.31(a)(1), Penal Code, for a capital felony is not eligible for
62	62	release on parole until the actual calendar time the inmate has
63	63	served, without consideration of good conduct time, equals 30 [40]
64	64	calendar years, except that an inmate serving a life sentence under
65	65	Section 12.31(a)(1), Penal Code, for a capital felony under Section
66	66	19.03(a)(1) or (7) of that code is not eligible for release on
67	67	parole until the actual calendar time the inmate has served,
68	68	without consideration of good conduct time, equals 40 calendar
69	69	years.
70	70	(d-2)(1) This subsection applies only to an inmate who:
71	71	(A) is serving a sentence for:
72	72	(i) a first degree felony described by
73	73	Article 42A.054(a), Code of Criminal Procedure;
74	74	(ii) an offense under Section 20A.03 or
75	75	71.023, Penal Code; or
76	76	(iii) a first degree felony under Section
77	77	71.02, Penal Code; and
78	78	(B) was younger than 17 years of age at the time
79	79	the offense was committed.
80	80	(2) Notwithstanding any other provision of this
81	81	section, an inmate described by Subdivision (1) is not eligible for
82	82	release on parole until the inmate's actual calendar time served,
83	83	without consideration of good conduct time, equals 30 calendar
84	84	years or one-half of the applicable time provided by this section,
85	85	whichever is less, but in no event is the inmate eligible for
86	86	release on parole in less than four calendar years unless the inmate
87	87	would otherwise be eligible for release on parole under another
88	88	provision of this section.
89	89	SECTION 4. The change in law made by this Act applies to any
90	90	inmate who is confined in a facility operated by or under contract
91	91	with the Texas Department of Criminal Justice on or after the
92	92	effective date of this Act, regardless of whether the offense for
93	93	which the inmate is confined occurred before, on, or after the
94	94	effective date of this Act.
95	95	SECTION 5. This Act takes effect April 1, 2022.