Texas 2021 - 87th 3rd C.S.

Texas Senate Bill SB55 Compare Versions

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

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1	1	By: Lucio S.B. No. 55
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the release on parole of certain youthful offenders;
7	7	changing parole eligibility.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter E, Chapter 508, Government Code, is
10	10	amended by adding Section 508.1415 to read as follows:
11	11	Sec. 508.1415. ADDITIONAL PAROLE CONSIDERATIONS FOR
12	12	YOUTHFUL OFFENDERS. (a) This section applies only to the
13	13	consideration for release on parole of an inmate who was younger
14	14	than 17 years of age at the time the offense for which the inmate is
15	15	eligible for release on parole was committed.
16	16	(b) In determining whether to release an inmate described by
17	17	Subsection (a) on parole, a parole panel shall assess the growth and
18	18	maturity of the inmate, taking into consideration:
19	19	(1) the diminished culpability of juveniles, as
20	20	compared to that of adults;
21	21	(2) the hallmark features of youth; and
22	22	(3) the greater capacity of juveniles for change, as
23	23	compared to that of adults.
24	24	(c) The board shall adopt a policy establishing factors for
25	25	a parole panel to consider when reviewing for release on parole an
26	26	inmate to whom this section applies to ensure that the inmate is
27	27	provided a meaningful opportunity to obtain release. The policy
28	28	must:
29	29	(1) consider the age of the inmate at the time of the
30	30	commission of the offense as a mitigating factor in favor of
31	31	granting release on parole;
32	32	(2) permit persons having knowledge of the inmate
33	33	before the inmate committed the offense or having knowledge of the
34	34	inmate's growth and maturity after the offense was committed to
35	35	submit statements regarding the inmate for consideration by the
36	36	parole panel; and
37	37	(3) establish a mechanism for the outcome of a
38	38	comprehensive mental health evaluation conducted by an expert
39	39	qualified by education and clinical training in adolescent mental
40	40	health issues to be considered by the parole panel.
41	41	(d) This section does not:
42	42	(1) affect the rights granted under this chapter or
43	43	Article 56A.051, Code of Criminal Procedure, to a victim, guardian
44	44	of a victim, or close relative of a deceased victim; or
45	45	(2) create a legal cause of action.
46	46	SECTION 2. Section 508.145, Government Code, is amended by
47	47	amending Subsection (b) and adding Subsection (d-2) to read as
48	48	follows:
49	49	(b) An inmate serving a life sentence under Section
50	50	12.31(a)(1), Penal Code, for a capital felony is not eligible for
51	51	release on parole until the actual calendar time the inmate has
52	52	served, without consideration of good conduct time, equals 30 [40]
53	53	calendar years, except that an inmate serving a life sentence under
54	54	Section 12.31(a)(1), Penal Code, for a capital felony under Section
55	55	19.03(a)(1) or (7) of that code is not eligible for release on
56	56	parole until the actual calendar time the inmate has served,
57	57	without consideration of good conduct time, equals 40 calendar
58	58	years.
59	59	(d-2)(1) This subsection applies only to an inmate who:
60	60	(A) is serving a sentence for:
61	61	(i) an offense described by Article
62	62	42A.054(a), Code of Criminal Procedure;
63	63	(ii) an offense for which the judgment
64	64	contains an affirmative finding under Article 42A.054(c) or (d),
65	65	Code of Criminal Procedure; or
66	66	(iii) an offense under Section 20A.03,
67	67	71.02, or 71.023, Penal Code; and
68	68	(B) was younger than 17 years of age at the time
69	69	the offense was committed.
70	70	(2) Notwithstanding any other provision of this
71	71	section, an inmate described by Subdivision (1) is not eligible for
72	72	release on parole until the inmate's actual calendar time served,
73	73	without consideration of good conduct time, equals one-fourth of
74	74	the sentence or 30 calendar years, whichever is less, but in no
75	75	event is the inmate eligible for release on parole in less than two
76	76	calendar years.
77	77	SECTION 3. Article 37.07, Section 4, Code of Criminal
78	78	Procedure, is amended by adding Subsection (b-1) to read as
79	79	follows:
80	80	(b-1) Notwithstanding any other provision of this section,
81	81	in the penalty phase of the trial of a felony case in which the
82	82	punishment is to be assessed by the jury rather than the court, if
83	83	the offense is an offense described by Article 42A.054(a), Code of
84	84	Criminal Procedure, an offense for which an affirmative finding has
85	85	been made under Article 42A.054(c) or (d), Code of Criminal
86	86	Procedure, or an offense under Section 20A.03, 71.02, or 71.023,
87	87	Penal Code, and the defendant was younger than 17 years of age at
88	88	the time the offense was committed, the court shall charge the jury
89	89	in writing as follows:
90	90	"The length of time for which a defendant is imprisoned may be
91	91	reduced by the award of parole.
92	92	"Under the law applicable in this case, the defendant, if
93	93	sentenced to a term of imprisonment, may earn early parole
94	94	eligibility through the award of good conduct time. Prison
95	95	authorities may award good conduct time to a prisoner who exhibits
96	96	good behavior, diligence in carrying out prison work assignments,
97	97	and attempts at rehabilitation. If a prisoner engages in
98	98	misconduct, prison authorities may also take away all or part of any
99	99	good conduct time earned by the prisoner.
100	100	"Under the law applicable in this case, if the defendant is
101	101	sentenced to a term of imprisonment, the defendant will not become
102	102	eligible for parole until the actual time served plus any good
103	103	conduct time earned equals one-fourth of the sentence imposed or 30
104	104	years, whichever is less. Eligibility for parole does not guarantee
105	105	that parole will be granted.
106	106	"It cannot accurately be predicted how the parole law and
107	107	good conduct time might be applied to this defendant if sentenced to
108	108	a term of imprisonment, because the application of these laws will
109	109	depend on decisions made by prison and parole authorities.
110	110	"You may consider the existence of the parole law and good
111	111	conduct time. However, you are not to consider the extent to which
112	112	good conduct time may be awarded to or forfeited by this particular
113	113	defendant. You are not to consider the manner in which the parole
114	114	law may be applied to this particular defendant."
115	115	SECTION 4. (a) The change in law made to Chapter 508,
116	116	Government Code, by this Act applies to any inmate who is confined
117	117	in a facility operated by or under contract with the Texas
118	118	Department of Criminal Justice on or after the effective date of
119	119	this Act, regardless of whether the offense for which the inmate is
120	120	confined occurred before, on, or after the effective date of this
121	121	Act.
122	122	(b) Article 37.07, Section 4(b-1), Code of Criminal
123	123	Procedure, as added by this Act, applies to the penalty phase of the
124	124	trial of a felony case held on or after the effective date of this
125	125	Act, regardless of whether the offense being tried occurred before,
126	126	on, or after the effective date of this Act.
127	127	SECTION 5. This Act takes effect immediately if it receives
128	128	a vote of two-thirds of all the members elected to each house, as
129	129	provided by Section 39, Article III, Texas Constitution. If this
130	130	Act does not receive the vote necessary for immediate effect, this
131	131	Act takes effect on the 91st day after the last day of the
132	132	legislative session.