| 1 | 1 | | 88R838 LHC-F |
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| 2 | 2 | | By: Eckhardt S.B. No. 211 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the vote required to release certain inmates on parole. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 508.046, Government Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. (a) Except as |
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| 12 | 12 | | provided by Subsection (b), to [To] release on parole an inmate who |
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| 13 | 13 | | was convicted of an offense under Section 20A.03, 21.02, |
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| 14 | 14 | | 21.11(a)(1), or 22.021, Penal Code, or who is required under |
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| 15 | 15 | | Section 508.145(c) to serve 35 calendar years before becoming |
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| 16 | 16 | | eligible for release on parole, all members of the board must vote |
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| 17 | 17 | | on the release on parole of the inmate, and at least two-thirds of |
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| 18 | 18 | | the members must vote in favor of the release on parole. A member of |
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| 19 | 19 | | the board may not vote on the release unless the member first |
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| 20 | 20 | | receives a copy of a written report from the department on the |
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| 21 | 21 | | probability that the inmate would commit an offense after being |
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| 22 | 22 | | released on parole. |
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| 23 | 23 | | (b) This section does not apply to an inmate serving a |
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| 24 | 24 | | determinate sentence resulting from a disposition by a juvenile |
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| 25 | 25 | | court under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family |
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| 26 | 26 | | Code. |
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| 27 | 27 | | SECTION 2. The change in law made by this Act applies to any |
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| 28 | 28 | | inmate who is confined in a facility operated by or under contract |
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| 29 | 29 | | with the Texas Department of Criminal Justice on or after the |
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| 30 | 30 | | effective date of this Act, regardless of whether the offense for |
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| 31 | 31 | | which the inmate is confined occurred before, on, or after the |
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| 32 | 32 | | effective date of this Act. |
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| 33 | 33 | | SECTION 3. This Act takes effect immediately if it receives |
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| 34 | 34 | | a vote of two-thirds of all the members elected to each house, as |
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| 35 | 35 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 36 | 36 | | Act does not receive the vote necessary for immediate effect, this |
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| 37 | 37 | | Act takes effect September 1, 2023. |
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