Texas 2023 - 88th Regular

Texas Senate Bill SB955 Compare Versions

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1	1	By: Springer, et al. S.B. No. 955
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
7	7	offenders; changing parole eligibility.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. This Act may be cited as Senator Eddie Luccio,
10	10	Jr. Act.
11	11	SECTION 2. Chapter 37, Code of Criminal Procedure, is
12	12	amended to read as follows:
13	13	Sec. 37.07, Sec. 4. (a). In the penalty phase of the trial of
14	14	a felony case in which the punishment is to be assessed by the jury
15	15	rather than the court, if the offense of which the jury has found
16	16	the defendant guilty is an offense under Section 71.02, Penal Code,
17	17	other than an offense punishable as a state jail felony under that
18	18	section, an offense under Section 71.023, Penal Code, or an offense
19	19	listed in Article 42A.054(a), or if the judgment contains an
20	20	affirmative finding under Article 42A.054(c) or (d), unless the
21	21	defendant has been convicted of an offense under Section 21.02,
22	22	Penal Code, an offense under Section 22.021, Penal Code, that is
23	23	punishable under Subsection (f) of that section, or a capital
24	24	felony, the court shall charge the jury in writing as follows:
25	25	"The length of time for which a defendant is imprisoned may be
26	26	reduced by the award of parole.
27	27	"Under the law applicable in this case, if the defendant is
28	28	sentenced to a term of imprisonment, the defendant will not become
29	29	eligible for parole until the actual time served equals one-half of
30	30	the sentence imposed or 30 years, whichever is less. If the
31	31	defendant is sentenced to a term of less than four years, the
32	32	defendant must serve at least two years before the defendant is
33	33	eligible for parole. Eligibility for parole does not guarantee
34	34	that parole will be granted.
35	35	"Under the law applicable in this case, if the defendant is
36	36	sentenced to a term of imprisonment as a result of an offense that
37	37	occurred while the defendant was a child within the meaning
38	38	assigned under Title 3 of the Family Code, the defendant will not
39	39	become eligible for parole until the actual time served equals
40	40	one-fourth of the sentence imposed or 20 years, whichever is less,
41	41	but in no event is the inmate eligible for release on parole in less
42	42	than two calendar years unless the inmate would otherwise be
43	43	eligible for release on parole under other applicable law.
44	44	Eligibility for parole does not guarantee that parole will be
45	45	granted."
46	46	"It cannot accurately be predicted how the parole law might
47	47	be applied to this defendant if sentenced to a term of imprisonment,
48	48	because the application of that law will depend on decisions made by
49	49	parole authorities.
50	50	"You may consider the existence of the parole law. You are
51	51	not to consider the manner in which the parole law may be applied to
52	52	this particular defendant."
53	53	SECTION 3. Chapter 498, Government Code, is amended to read
54	54	as follows:
55	55	Sec 498.003. ACCRUAL OF GOOD CONDUCT TIME. (a) Good conduct
56	56	time applies only to eligibility for parole or mandatory
57	57	supervision as provided by Section 508.145, Section 508.1451, or
58	58	508.147 and does not otherwise affect an inmate's term. Good
59	59	conduct time is a privilege and not a right. Regardless of the
60	60	classification of an inmate, the department may grant good conduct
61	61	time to the inmate only if the department finds that the inmate is
62	62	actively engaged in an agricultural, vocational, or educational
63	63	endeavor, in an industrial program or other work program, or in a
64	64	treatment program, unless the department finds that the inmate is
65	65	not capable of participating in such a program or endeavor.
66	66	SECTION 4. Chapter 498, Government Code, is amended to read
67	67	as follows:
68	68	Sec 498.004. FORFEITURE AND RESTORATION OF GOOD CONDUCT TIME.
69	69	(c) The department shall establish a policy regarding the
70	70	suspension of good conduct time under Subsection (a). The policy
71	71	must provide that:
72	72	(1) the department will consider the severity of an
73	73	inmate's offense or violation in determining whether to suspend all
74	74	or part of the inmate's good conduct time instead of forfeiting the
75	75	inmate's good conduct time;
76	76	(2) during any period of suspension, good conduct time
77	77	placed in suspension may not be used:
78	78	(A) for purposes of granting privileges to an
79	79	inmate; or
80	80	(B) to compute an inmate's eligibility for parole
81	81	under Section 508.145 or Section 508.1451 or to determine an
82	82	inmate's date of release to mandatory supervision under Section
83	83	508.147;
84	84	(3) at the conclusion of any period of suspension, the
85	85	department may forfeit or reinstate the good conduct time placed in
86	86	suspension based on the inmate's conduct during the period of the
87	87	suspension; and
88	88	(4) in determining whether to forfeit or reinstate
89	89	good conduct time placed in suspension, the department must
90	90	consider whether any impact to public safety is likely to result
91	91	from the inmate's release on parole or to mandatory supervision if
92	92	the good conduct time is reinstated.
93	93	SECTION 5. Chapter 499, Government Code, is amended to read
94	94	as follows:
95	95	Sec 499.053. TRANSFERS FROM TEXAS JUVENILE JUSTICE
96	96	DEPARTMENT OR POST-ADJUDICATION SECURE CORRECTIONAL FACILITY. (d)
97	97	A person transferred from the Texas Juvenile Justice Department or
98	98	a post-adjudication secure correctional facility for the offense of
99	99	capital murder shall become eligible for parole as provided in
100	100	Section 508.1451 [508.145(d)] for an offense listed in Article
101	101	42A.054, Code of Criminal Procedure, or an offense for which a
102	102	deadly weapon finding has been made.
103	103	SECTION 6. Subchapter E, Chapter 508, Government Code, is
104	104	amended by adding Section 508.1451 to read as follows:
105	105	Section 508.1451. ELIGIBILITY AND CONSIDERATIONS FOR RELEASE
106	106	ON PAROLE; COMPUTATION OF PAROLE ELIGIBILITY DATE FOR CERTAIN
107	107	YOUTHFUL OFFENDERS.
108	108	(a) Eligibility and Computation of Release Date
109	109	(1) This section applies only to the eligibility for
110	110	release and computation of parole eligibility date for an inmate
111	111	who is serving a sentence at the Texas Department of Criminal
112	112	Justice for a felony offense committed when the person was under
113	113	eighteen, except for a capital felony under Section 19.03(a)(1) or
114	114	(7).
115	115	(2) An inmate eligible as provided by Subsection
116	116	(a)(1) who is serving a sentence under Section 12.31(a)(1), Penal
117	117	Code for a capital felony is not eligible for release on parole
118	118	until the actual calendar time the inmate has served, without
119	119	consideration of good conduct time, equals 20 [40] calendar years.
120	120	(3) Any other inmate eligible as provided by
121	121	Subsection (a)(1) is eligible for release in accordance with
122	122	Section 508.145 (f).
123	123	(b) Parole Considerations for Youthful Offenders
124	124	(1) In determining whether to release an inmate
125	125	described by Subsection (a) on parole, a parole panel shall assess
126	126	the growth and maturity of the inmate, taking into consideration:
127	127	(A) the diminished culpability of youth, as
128	128	compared to that of adults;
129	129	(B) the hallmark features of youth; and
130	130	(C) the greater capacity of youth for change, as
131	131	compared to that of adults.
132	132	(2) The board shall adopt a policy establishing
133	133	factors for a parole panel to consider when reviewing for
134	134	release on parole an inmate to whom this section applies to
135	135	ensure that the inmate is provided a meaningful opportunity
136	136	to obtain release. The policy must:
137	137	(A) consider the age of the inmate at the time of
138	138	the commission of the offense as a mitigating factor in favor of
139	139	granting release on parole;
140	140	(B) permit persons having knowledge of the inmate
141	141	before the inmate committed the offense or having knowledge of the
142	142	inmate's growth and maturity after the offense was committed to
143	143	submit statements regarding the inmate for consideration by the
144	144	parole panel.
145	145	(c) This section does not:
146	146	(1) affect the rights granted under this chapter or
147	147	Article 56A.051, Code of Criminal Procedure, to a victim, guardian
148	148	of a victim, or close relative of a deceased victim; or
149	149	(2) create a legal cause of action.
150	150	SECTION 7. Chapter 508, Government Code, is amended to read
151	151	as follows:
152	152	Sec. 508.151. PRESUMPTIVE PAROLE DATE. (b) The
153	153	presumptive parole date may not be a date that is earlier than the
154	154	inmate's initial parole eligibility date computed under Section
155	155	508.145 or Section 508.1451.
156	156	SECTION 8. The change in law made by this Act applies to any
157	157	inmate who was under eighteen at the time of the offense who is
158	158	serving a sentence at the Texas Department of Criminal Justice on or
159	159	after the effective date of this Act, regardless of whether the
160	160	offense for which the inmate is confined occurred before, on, or
161	161	after the effective date of this Act.
162	162	SECTION 9. This Act takes effect September 1, 2023.