By: Moody H.B. No. 87
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) an offense described by Article
42A.054(a), Code of Criminal Procedure;
(ii) an offense for which the judgment
contains an affirmative finding under Article 42A.054(c) or (d),
Code of Criminal Procedure; or
(iii) an offense under Section 20A.03,
71.02, or 71.023, 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 one-fourth of
the sentence or 30 calendar years, whichever is less, but in no
event is the inmate eligible for release on parole in less than two
calendar years.
SECTION 3. Article 37.07, Section 4, Code of Criminal
Procedure, is amended by adding Subsection (b-1) to read as
follows:
(b-1) Notwithstanding any other provision of this section,
in the penalty phase of the trial of a felony case in which the
punishment is to be assessed by the jury rather than the court, if
the offense is an offense described by Article 42A.054(a), Code of
Criminal Procedure, an offense for which an affirmative finding has
been made under Article 42A.054(c) or (d), Code of Criminal
Procedure, or an offense under Section 20A.03, 71.02, or 71.023,
Penal Code, and the defendant was younger than 17 years of age at
the time the offense was committed, the court shall charge the jury
in writing as follows:
"The length of time for which a defendant is imprisoned may be
reduced by the award of parole.
"Under the law applicable in this case, the defendant, if
sentenced to a term of imprisonment, may earn early parole
eligibility through the award of good conduct time. Prison
authorities may award good conduct time to a prisoner who exhibits
good behavior, diligence in carrying out prison work assignments,
and attempts at rehabilitation. If a prisoner engages in
misconduct, prison authorities may also take away all or part of any
good conduct time earned by the prisoner.
"Under the law applicable in this case, if the defendant is
sentenced to a term of imprisonment, the defendant will not become
eligible for parole until the actual time served plus any good
conduct time earned equals one-fourth of the sentence imposed or 30
years, whichever is less. Eligibility for parole does not guarantee
that parole will be granted.
"It cannot accurately be predicted how the parole law and
good conduct time might be applied to this defendant if sentenced to
a term of imprisonment, because the application of these laws will
depend on decisions made by prison and parole authorities.
"You may consider the existence of the parole law and good
conduct time. However, you are not to consider the extent to which
good conduct time may be awarded to or forfeited by this particular
defendant. You are not to consider the manner in which the parole
law may be applied to this particular defendant."
SECTION 4. (a) The change in law made to Chapter 508,
Government Code, by this Act applies to any inmate who is confined
in a facility operated by or under contract with the Texas
Department of Criminal Justice on or after the effective date of
this Act, regardless of whether the offense for which the inmate is
confined occurred before, on, or after the effective date of this
Act.
(b) Article 37.07, Section 4(b-1), Code of Criminal
Procedure, as added by this Act, applies to the penalty phase of the
trial of a felony case held on or after the effective date of this
Act, regardless of whether the offense being tried occurred before,
on, or after the effective date of this Act.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.