Texas 2023 - 88th Regular

Texas House Bill HB213 Compare Versions

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1	1	By: Moody, Leach, Thompson of Harris, H.B. No. 213
2	2	Buckley, Cook, et al.
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to jury instructions regarding parole eligibility and the
8	8	release on parole of certain inmates convicted of an offense
9	9	committed when younger than 18 years of age; changing parole
10	10	eligibility.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. This Act may be cited as the Senator Eddie Lucio
13	13	Jr. Act.
14	14	SECTION 2. Section 4, Article 37.07, Code of Criminal
15	15	Procedure, is amended by adding Subsections (c-1) and (c-2) to read
16	16	as follows:
17	17	(c-1) Notwithstanding any other provision of this section
18	18	and except as provided by Subsection (c-2), in the penalty phase of
19	19	the trial of an offense described by Section 508.145(d-2)(1)(A),
20	20	Government Code, in which the punishment is to be assessed by the
21	21	jury rather than the court for a defendant who was younger than 18
22	22	years of age at the time the offense was committed, the court shall
23	23	charge the jury in writing as follows:
24	24	"The length of time for which a defendant is imprisoned may be
25	25	reduced by the award of parole.
26	26	"Under the law applicable in this case, the defendant, if
27	27	sentenced to a term of imprisonment, may earn early parole
28	28	eligibility through the award of good conduct time. Prison
29	29	authorities may award good conduct time to a prisoner who exhibits
30	30	good behavior and diligence in carrying out prison work assignments
31	31	and attempting rehabilitation. If a prisoner engages in
32	32	misconduct, prison authorities may also take away all or part of any
33	33	good conduct time earned by the prisoner.
34	34	"Under the law applicable in this case, if the defendant is
35	35	sentenced to a term of imprisonment, the defendant will not become
36	36	eligible for parole until the earlier of (1) the date the
37	37	defendant's actual time served plus any good conduct time earned
38	38	equals one-fourth of the sentence imposed or 15 years, whichever is
39	39	less, or (2) the date the defendant would otherwise be eligible for
40	40	release on parole under another provision of Section 508.145,
41	41	Government Code. Eligibility for parole does not guarantee that
42	42	parole will be granted.
43	43	"It cannot accurately be predicted how the parole law and
44	44	good conduct time might be applied to this defendant if sentenced to
45	45	a term of imprisonment, because the application of that law will
46	46	depend on decisions made by parole authorities.
47	47	"You may consider the existence of the parole law and good
48	48	conduct time. However, you are not to consider the extent to which
49	49	good conduct time may be awarded to or forfeited by this particular
50	50	defendant. You are not to consider the manner in which the parole
51	51	law may be applied to this particular defendant."
52	52	(c-2) Notwithstanding any other provision of this section,
53	53	in the penalty phase of the trial of a capital felony case in which
54	54	the punishment is to be assessed by the jury rather than the court
55	55	for a defendant who was younger than 18 years of age at the time the
56	56	offense was committed, the court shall charge the jury in writing as
57	57	follows:
58	58	"The length of time for which a defendant is imprisoned may be
59	59	reduced by the award of parole.
60	60	"Under the law applicable in this case, if the defendant is
61	61	sentenced to a term of imprisonment, the defendant will not become
62	62	eligible for parole until the actual time served equals 20 years.
63	63	Eligibility for parole does not guarantee that parole will be
64	64	granted.
65	65	"It cannot accurately be predicted how the parole law might
66	66	be applied to this defendant if sentenced to a term of imprisonment,
67	67	because the application of that law will depend on decisions made by
68	68	parole authorities.
69	69	"You may consider the existence of the parole law. You are
70	70	not to consider the manner in which the parole law may be applied to
71	71	this particular defendant."
72	72	SECTION 3. Subchapter E, Chapter 508, Government Code, is
73	73	amended by adding Section 508.1415 to read as follows:
74	74	Sec. 508.1415. ADDITIONAL PAROLE CONSIDERATIONS FOR
75	75	YOUTHFUL OFFENDERS. (a) This section applies only to the
76	76	consideration for release on parole of an inmate who was younger
77	77	than 18 years of age at the time the offense for which the inmate is
78	78	eligible for release on parole was committed.
79	79	(b) In determining whether to release an inmate described by
80	80	Subsection (a) on parole, a parole panel shall assess the growth and
81	81	maturity of the inmate, taking into consideration:
82	82	(1) the diminished culpability of juveniles, as
83	83	compared to that of adults;
84	84	(2) the hallmark features of youth; and
85	85	(3) the greater capacity of juveniles for change, as
86	86	compared to that of adults.
87	87	(c) The board shall adopt a policy establishing factors for
88	88	a parole panel to consider when reviewing for release on parole an
89	89	inmate to whom this section applies to ensure that the inmate is
90	90	provided a meaningful opportunity to obtain release. The policy
91	91	must:
92	92	(1) consider the age of the inmate at the time of the
93	93	commission of the offense as a mitigating factor in favor of
94	94	granting release on parole; and
95	95	(2) permit persons having knowledge of the inmate
96	96	before the inmate committed the offense or having knowledge of the
97	97	inmate's growth and maturity after the offense was committed to
98	98	submit statements regarding the inmate for consideration by the
99	99	parole panel.
100	100	(d) This section does not:
101	101	(1) affect the rights granted under this chapter or
102	102	Article 56A.051, Code of Criminal Procedure, to a victim, guardian
103	103	of a victim, or close relative of a deceased victim; or
104	104	(2) create a legal cause of action.
105	105	SECTION 4. Section 508.145, Government Code, is amended by
106	106	adding Subsection (d-2) to read as follows:
107	107	(d-2)(1) This subsection applies only to an inmate who:
108	108	(A) is serving a sentence for:
109	109	(i) a capital or first degree felony
110	110	described by Article 42A.054(a), Code of Criminal Procedure;
111	111	(ii) a first degree felony under Section
112	112	71.02, Penal Code; or
113	113	(iii) an offense under Section 71.023,
114	114	Penal Code; and
115	115	(B) was younger than 18 years of age at the time
116	116	the offense was committed.
117	117	(2) Notwithstanding any other provision of this
118	118	section and except as provided by Subdivision (3), an inmate
119	119	described by Subdivision (1) is not eligible for release on parole
120	120	until the earlier of:
121	121	(A) the date the inmate's actual calendar time
122	122	served plus good conduct time equals one-fourth of the sentence or
123	123	15 years, whichever is less; or
124	124	(B) the date the inmate would otherwise be
125	125	eligible for release on parole under another provision of this
126	126	section.
127	127	(3) An inmate described by Subdivision (1) who is
128	128	serving a life sentence under Section 12.31(a)(1), Penal Code, for
129	129	a capital felony is not eligible for release on parole until the
130	130	inmate's actual calendar time served, without consideration of good
131	131	conduct time, equals 20 years.
132	132	SECTION 5. Section 508.145(b), Government Code, is
133	133	repealed.
134	134	SECTION 6. (a) Sections 4(c-1) and (c-2), Article 37.07,
135	135	Code of Criminal Procedure, as added by this Act, apply to a
136	136	defendant sentenced for an offense on or after the effective date of
137	137	this Act, regardless of when the offense was committed.
138	138	(b) Section 508.1415, Government Code, as added by this Act,
139	139	and Section 508.145, Government Code, as amended by this Act, apply
140	140	to any inmate who is confined in a facility operated by or under
141	141	contract with the Texas Department of Criminal Justice on or after
142	142	the effective date of this Act, regardless of whether the offense
143	143	for which the inmate is confined occurred before, on, or after the
144	144	effective date of this Act.
145	145	SECTION 7. This Act takes effect September 1, 2023.