By: Moody, Leach, Thompson of Harris, H.B. No. 213
Buckley, Cook, et al.
A BILL TO BE ENTITLED
AN ACT
relating to jury instructions regarding parole eligibility and the
release on parole of certain inmates convicted of an offense
committed when younger than 18 years of age; changing parole
eligibility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Senator Eddie Lucio
Jr. Act.
SECTION 2. Section 4, Article 37.07, Code of Criminal
Procedure, is amended by adding Subsections (c-1) and (c-2) to read
as follows:
(c-1) Notwithstanding any other provision of this section
and except as provided by Subsection (c-2), in the penalty phase of
the trial of an offense described by Section 508.145(d-2)(1)(A),
Government Code, in which the punishment is to be assessed by the
jury rather than the court for a defendant who was younger than 18
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 and diligence in carrying out prison work assignments
and attempting 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 earlier of (1) the date the
defendant's actual time served plus any good conduct time earned
equals one-fourth of the sentence imposed or 15 years, whichever is
less, or (2) the date the defendant would otherwise be eligible for
release on parole under another provision of Section 508.145,
Government Code. 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 that law will
depend on decisions made by 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."
(c-2) Notwithstanding any other provision of this section,
in the penalty phase of the trial of a capital felony case in which
the punishment is to be assessed by the jury rather than the court
for a defendant who was younger than 18 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, if the defendant is
sentenced to a term of imprisonment, the defendant will not become
eligible for parole until the actual time served equals 20 years.
Eligibility for parole does not guarantee that parole will be
granted.
"It cannot accurately be predicted how the parole law might
be applied to this defendant if sentenced to a term of imprisonment,
because the application of that law will depend on decisions made by
parole authorities.
"You may consider the existence of the parole law. You are
not to consider the manner in which the parole law may be applied to
this particular defendant."
SECTION 3. 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 18 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; and
(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.
(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 4. Section 508.145, Government Code, is amended by
adding Subsection (d-2) to read as follows:
(d-2)(1) This subsection applies only to an inmate who:
(A) is serving a sentence for:
(i) a capital or first degree felony
described by Article 42A.054(a), Code of Criminal Procedure;
(ii) a first degree felony under Section
71.02, Penal Code; or
(iii) an offense under Section 71.023,
Penal Code; and
(B) was younger than 18 years of age at the time
the offense was committed.
(2) Notwithstanding any other provision of this
section and except as provided by Subdivision (3), an inmate
described by Subdivision (1) is not eligible for release on parole
until the earlier of:
(A) the date the inmate's actual calendar time
served plus good conduct time equals one-fourth of the sentence or
15 years, whichever is less; or
(B) the date the inmate would otherwise be
eligible for release on parole under another provision of this
section.
(3) An inmate described by Subdivision (1) who is
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
inmate's actual calendar time served, without consideration of good
conduct time, equals 20 years.
SECTION 5. Section 508.145(b), Government Code, is
repealed.
SECTION 6. (a) Sections 4(c-1) and (c-2), Article 37.07,
Code of Criminal Procedure, as added by this Act, apply to a
defendant sentenced for an offense on or after the effective date of
this Act, regardless of when the offense was committed.
(b) Section 508.1415, Government Code, as added by this Act,
and Section 508.145, Government Code, as amended by this Act, apply
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.
SECTION 7. This Act takes effect September 1, 2023.