Texas 2025 89th Regular

Texas House Bill HB200 Analysis / Analysis

Filed 05/01/2025

                    BILL ANALYSIS             C.S.H.B. 200     By: Buckley     Criminal Jurisprudence     Committee Report (Substituted)             BACKGROUND AND PURPOSE    According to Second Look Texas, there are 1,222 youthful offenders with extreme sentences who are ineligible for parole until late adulthood. The bill author has informed the committee that juveniles do not have the same capacity as adults to understand the consequences of their actions and should not be held to the same level of accountability. The bill author has also informed the committee that although some youthful offenders grow into mature adults who are ready to reenter society, current law often delays the possibility of parole for decades longer than may be fair or necessary. C.S.H.B. 200 seeks to address these issues by requiring parole panels to consider certain factors relating to growth and maturity when making release decisions for inmates who were younger than 18 years of age when they committed the applicable offense and by changing parole eligibility for inmates serving a sentence for certain felonies committed when younger than 18 years of age.        CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.       RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.       ANALYSIS    C.S.H.B. 200 amends the Government Code to set out additional considerations for release on parole of an inmate who was younger than 18 years of age at the time of the offense for which the inmate is eligible for release on parole was committed, except for an inmate serving a sentence for the following:        a capital murder offense in which the person: o   murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman; or o   murders more than one person during the same criminal transaction or during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct; or        the enhanced first degree felony offense of aggravated assault in which the actor commits the assault as part of a mass shooting. The bill requires a parole panel, in determining whether to release such an eligible inmate on parole, to assess the growth and maturity of the inmate, taking into consideration the diminished culpability of juveniles, as compared to that of adults; the hallmark features of youth; and the greater capacity of juveniles for change, as compared to that of adults.   C.S.H.B. 200 requires the Board of Pardons and Paroles to adopt a policy establishing factors for a parole panel to consider when reviewing such an eligible inmate for release on parole to ensure that the inmate is provided a meaningful opportunity to obtain release. The policy must do the following:        consider the age of the inmate at the time of the offense's commission as a mitigating factor in favor of granting release on parole;        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; and        establish a mechanism for the outcome of a comprehensive mental health evaluation conducted by an expert qualified by education and clinical training in adolescent mental health issues to be considered by the parole panel. The bill's provisions relating to additional parole considerations expressly do not create a legal cause of action and expressly do not affect the general rights to which a crime victim, guardian of a victim, or close relative of a deceased victim is entitled under applicable state law.   C.S.H.B. 200 makes an inmate who is serving a sentence for a felony offense committed when the inmate was younger than 18 years of age ineligible for release on parole until the earlier of the date the inmate's actual calendar time, without consideration of good conduct time, equals 20 years or the date the inmate would otherwise be eligible for release on parole under applicable state law. This provision does not apply to an inmate who is serving a sentence for the following:        a capital murder offense in which the person: o   murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman; or o   murders more than one person during the same criminal transaction or during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct; or        the enhanced first degree felony aggravated assault offense in which the actor commits the assault as part of a mass shooting. The bill prohibits a presumptive parole date designated by a parole panel for certain inmates for the purpose of diverting inmates to halfway houses under applicable state law from being a date that is earlier than the inmate's initial parole eligibility date computed under these provisions.   C.S.H.B. 200 repeals the following:        the provision that requires a person transferred to the Texas Department of Criminal Justice (TDCJ) from the Texas Juvenile Justice Department or a post-adjudication secure correctional facility for the offense of capital murder to become eligible for parole as provided by applicable state law for an offense listed in Code of Criminal Procedure provisions relating to limitations on judge-ordered community supervision or an offense for which a deadly weapon finding has been made; and        the provision that makes an inmate serving a life sentence under Penal Code provisions relating to ordinary felony punishments for a capital felony offense committed when the inmate was younger than 18 years of age ineligible for release on parole until the actual calendar time the inmate has served, without consideration of good conduct time, equals 40 calendar years.   C.S.H.B. 200 amends the Code of Criminal Procedure to require the court, in the penalty phase of the trial of a 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, other than a felony case in which the defendant is found guilty of a capital murder offense in which the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman or in which the person murders more than one person during the same criminal transaction or during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct or of the enhanced first degree felony aggravated assault offense in which the actor commits the assault as part of a mass shooting, to charge the jury in writing as follows:        the length of time for which the 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 earlier of:  o   the date the defendant's actual time served, without consideration of good conduct time, equals 20 years; or o   the date the defendant would otherwise be eligible for release on parole under other applicable law;        eligibility for parole does not guarantee that parole will be granted;        it cannot accurately be predicted how the parole law might be applied to the defendant if sentenced to a term of imprisonment, because the application of that law will depend on decisions made by parole authorities; and        the jury may consider the existence of the parole law, but not the manner in which the parole law may be applied to the defendant. These provisions apply to a defendant sentenced for an offense on or after the bill's effective date, regardless of when the offense was committed.   C.S.H.B. 200 establishes that its provisions relating to additional parole considerations and to eligibility for release on parole and the computation of parole eligibility dates for certain youthful offenders apply to any inmate who is confined in a facility operated by or under contract with TDCJ on or after the bill's effective date, regardless of whether the offense for which the inmate is confined occurred before, on, or after the bill's effective date. However, those provisions do not apply to an inmate who is confined in such a facility on or after the bill's effective date for an aggravated assault offense that was committed before the bill's effective date if a parole panel or the pardons and paroles division of TDCJ, as applicable, determines that the offense was committed as part of a mass shooting as defined by general Penal Code provisions.   C.S.H.B. 200 repeals Sections 499.053(d) and 508.145(b), Government Code.       EFFECTIVE DATE    January 1, 2026.       COMPARISON OF INTRODUCED AND SUBSTITUTE   While C.S.H.B. 200 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.   The substitute omits the provisions from the introduced that did the following:        require a judge, in the trial of murder or capital murder for a defendant who was younger than 18 years of age at the time the offense was committed, to make an affirmative finding of fact and enter the affirmative finding in the judgment in the case on determining that the offense was committed as part of a mass shooting as defined by general Penal Code provisions;        require an applicable judgment to reflect such affirmative findings; and        establish that the bill's provisions relating to additional parole considerations and to eligibility for release on parole and the computation of parole eligibility dates for certain youthful offenders do not apply to an inmate who is confined in such a facility on or after the bill's effective date for a murder or capital murder offense that was committed before the bill's effective date if a parole panel or the pardons and paroles division of TDCJ, as applicable, determines that the offense was committed as part of a mass shooting as defined by general Penal Code provisions.   The substitute and the introduced both make the bill's provisions relating to additional parole considerations and to eligibility for release on parole and the computation of parole eligibility dates for certain youthful offenders inapplicable to an inmate who is serving a sentence for certain offenses and make the requirement for the court to charge the jury in writing as provided by the bill in the penalty phase of the trial of an applicable felony case other than a felony case in which the defendant is found guilty of one of those same offenses. However, the introduced and the substitute differ in the following ways:        the introduced included among those offenses an offense for which the judgment contains an affirmative finding under the introduced version's provisions relating to a mass shooting murder offense committed by a youthful offender, which the substitute does not do; and        the substitute includes among those offenses a capital murder offense in which the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman or in which the person murders more than one person during the same criminal transaction or during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct, which the introduced did not do.

BILL ANALYSIS



# BILL ANALYSIS

C.S.H.B. 200
By: Buckley
Criminal Jurisprudence
Committee Report (Substituted)



C.S.H.B. 200

By: Buckley

Criminal Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE    According to Second Look Texas, there are 1,222 youthful offenders with extreme sentences who are ineligible for parole until late adulthood. The bill author has informed the committee that juveniles do not have the same capacity as adults to understand the consequences of their actions and should not be held to the same level of accountability. The bill author has also informed the committee that although some youthful offenders grow into mature adults who are ready to reenter society, current law often delays the possibility of parole for decades longer than may be fair or necessary. C.S.H.B. 200 seeks to address these issues by requiring parole panels to consider certain factors relating to growth and maturity when making release decisions for inmates who were younger than 18 years of age when they committed the applicable offense and by changing parole eligibility for inmates serving a sentence for certain felonies committed when younger than 18 years of age.
CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS    C.S.H.B. 200 amends the Government Code to set out additional considerations for release on parole of an inmate who was younger than 18 years of age at the time of the offense for which the inmate is eligible for release on parole was committed, except for an inmate serving a sentence for the following:        a capital murder offense in which the person: o   murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman; or o   murders more than one person during the same criminal transaction or during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct; or        the enhanced first degree felony offense of aggravated assault in which the actor commits the assault as part of a mass shooting. The bill requires a parole panel, in determining whether to release such an eligible inmate on parole, to assess the growth and maturity of the inmate, taking into consideration the diminished culpability of juveniles, as compared to that of adults; the hallmark features of youth; and the greater capacity of juveniles for change, as compared to that of adults.   C.S.H.B. 200 requires the Board of Pardons and Paroles to adopt a policy establishing factors for a parole panel to consider when reviewing such an eligible inmate for release on parole to ensure that the inmate is provided a meaningful opportunity to obtain release. The policy must do the following:        consider the age of the inmate at the time of the offense's commission as a mitigating factor in favor of granting release on parole;        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; and        establish a mechanism for the outcome of a comprehensive mental health evaluation conducted by an expert qualified by education and clinical training in adolescent mental health issues to be considered by the parole panel. The bill's provisions relating to additional parole considerations expressly do not create a legal cause of action and expressly do not affect the general rights to which a crime victim, guardian of a victim, or close relative of a deceased victim is entitled under applicable state law.   C.S.H.B. 200 makes an inmate who is serving a sentence for a felony offense committed when the inmate was younger than 18 years of age ineligible for release on parole until the earlier of the date the inmate's actual calendar time, without consideration of good conduct time, equals 20 years or the date the inmate would otherwise be eligible for release on parole under applicable state law. This provision does not apply to an inmate who is serving a sentence for the following:        a capital murder offense in which the person: o   murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman; or o   murders more than one person during the same criminal transaction or during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct; or        the enhanced first degree felony aggravated assault offense in which the actor commits the assault as part of a mass shooting. The bill prohibits a presumptive parole date designated by a parole panel for certain inmates for the purpose of diverting inmates to halfway houses under applicable state law from being a date that is earlier than the inmate's initial parole eligibility date computed under these provisions.   C.S.H.B. 200 repeals the following:        the provision that requires a person transferred to the Texas Department of Criminal Justice (TDCJ) from the Texas Juvenile Justice Department or a post-adjudication secure correctional facility for the offense of capital murder to become eligible for parole as provided by applicable state law for an offense listed in Code of Criminal Procedure provisions relating to limitations on judge-ordered community supervision or an offense for which a deadly weapon finding has been made; and        the provision that makes an inmate serving a life sentence under Penal Code provisions relating to ordinary felony punishments for a capital felony offense committed when the inmate was younger than 18 years of age ineligible for release on parole until the actual calendar time the inmate has served, without consideration of good conduct time, equals 40 calendar years.   C.S.H.B. 200 amends the Code of Criminal Procedure to require the court, in the penalty phase of the trial of a 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, other than a felony case in which the defendant is found guilty of a capital murder offense in which the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman or in which the person murders more than one person during the same criminal transaction or during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct or of the enhanced first degree felony aggravated assault offense in which the actor commits the assault as part of a mass shooting, to charge the jury in writing as follows:        the length of time for which the 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 earlier of:  o   the date the defendant's actual time served, without consideration of good conduct time, equals 20 years; or o   the date the defendant would otherwise be eligible for release on parole under other applicable law;        eligibility for parole does not guarantee that parole will be granted;        it cannot accurately be predicted how the parole law might be applied to the defendant if sentenced to a term of imprisonment, because the application of that law will depend on decisions made by parole authorities; and        the jury may consider the existence of the parole law, but not the manner in which the parole law may be applied to the defendant. These provisions apply to a defendant sentenced for an offense on or after the bill's effective date, regardless of when the offense was committed.   C.S.H.B. 200 establishes that its provisions relating to additional parole considerations and to eligibility for release on parole and the computation of parole eligibility dates for certain youthful offenders apply to any inmate who is confined in a facility operated by or under contract with TDCJ on or after the bill's effective date, regardless of whether the offense for which the inmate is confined occurred before, on, or after the bill's effective date. However, those provisions do not apply to an inmate who is confined in such a facility on or after the bill's effective date for an aggravated assault offense that was committed before the bill's effective date if a parole panel or the pardons and paroles division of TDCJ, as applicable, determines that the offense was committed as part of a mass shooting as defined by general Penal Code provisions.   C.S.H.B. 200 repeals Sections 499.053(d) and 508.145(b), Government Code.
EFFECTIVE DATE    January 1, 2026.
COMPARISON OF INTRODUCED AND SUBSTITUTE   While C.S.H.B. 200 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.   The substitute omits the provisions from the introduced that did the following:        require a judge, in the trial of murder or capital murder for a defendant who was younger than 18 years of age at the time the offense was committed, to make an affirmative finding of fact and enter the affirmative finding in the judgment in the case on determining that the offense was committed as part of a mass shooting as defined by general Penal Code provisions;        require an applicable judgment to reflect such affirmative findings; and        establish that the bill's provisions relating to additional parole considerations and to eligibility for release on parole and the computation of parole eligibility dates for certain youthful offenders do not apply to an inmate who is confined in such a facility on or after the bill's effective date for a murder or capital murder offense that was committed before the bill's effective date if a parole panel or the pardons and paroles division of TDCJ, as applicable, determines that the offense was committed as part of a mass shooting as defined by general Penal Code provisions.   The substitute and the introduced both make the bill's provisions relating to additional parole considerations and to eligibility for release on parole and the computation of parole eligibility dates for certain youthful offenders inapplicable to an inmate who is serving a sentence for certain offenses and make the requirement for the court to charge the jury in writing as provided by the bill in the penalty phase of the trial of an applicable felony case other than a felony case in which the defendant is found guilty of one of those same offenses. However, the introduced and the substitute differ in the following ways:        the introduced included among those offenses an offense for which the judgment contains an affirmative finding under the introduced version's provisions relating to a mass shooting murder offense committed by a youthful offender, which the substitute does not do; and        the substitute includes among those offenses a capital murder offense in which the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman or in which the person murders more than one person during the same criminal transaction or during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct, which the introduced did not do.



BACKGROUND AND PURPOSE

According to Second Look Texas, there are 1,222 youthful offenders with extreme sentences who are ineligible for parole until late adulthood. The bill author has informed the committee that juveniles do not have the same capacity as adults to understand the consequences of their actions and should not be held to the same level of accountability. The bill author has also informed the committee that although some youthful offenders grow into mature adults who are ready to reenter society, current law often delays the possibility of parole for decades longer than may be fair or necessary. C.S.H.B. 200 seeks to address these issues by requiring parole panels to consider certain factors relating to growth and maturity when making release decisions for inmates who were younger than 18 years of age when they committed the applicable offense and by changing parole eligibility for inmates serving a sentence for certain felonies committed when younger than 18 years of age.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 200 amends the Government Code to set out additional considerations for release on parole of an inmate who was younger than 18 years of age at the time of the offense for which the inmate is eligible for release on parole was committed, except for an inmate serving a sentence for the following:

a capital murder offense in which the person:

o   murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman; or

o   murders more than one person during the same criminal transaction or during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct; or

the enhanced first degree felony offense of aggravated assault in which the actor commits the assault as part of a mass shooting.

The bill requires a parole panel, in determining whether to release such an eligible inmate on parole, to assess the growth and maturity of the inmate, taking into consideration the diminished culpability of juveniles, as compared to that of adults; the hallmark features of youth; and the greater capacity of juveniles for change, as compared to that of adults.

C.S.H.B. 200 requires the Board of Pardons and Paroles to adopt a policy establishing factors for a parole panel to consider when reviewing such an eligible inmate for release on parole to ensure that the inmate is provided a meaningful opportunity to obtain release. The policy must do the following:

consider the age of the inmate at the time of the offense's commission as a mitigating factor in favor of granting release on parole;

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; and

establish a mechanism for the outcome of a comprehensive mental health evaluation conducted by an expert qualified by education and clinical training in adolescent mental health issues to be considered by the parole panel.

The bill's provisions relating to additional parole considerations expressly do not create a legal cause of action and expressly do not affect the general rights to which a crime victim, guardian of a victim, or close relative of a deceased victim is entitled under applicable state law.

C.S.H.B. 200 makes an inmate who is serving a sentence for a felony offense committed when the inmate was younger than 18 years of age ineligible for release on parole until the earlier of the date the inmate's actual calendar time, without consideration of good conduct time, equals 20 years or the date the inmate would otherwise be eligible for release on parole under applicable state law. This provision does not apply to an inmate who is serving a sentence for the following:

a capital murder offense in which the person:

o   murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman; or

o   murders more than one person during the same criminal transaction or during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct; or

the enhanced first degree felony aggravated assault offense in which the actor commits the assault as part of a mass shooting.

The bill prohibits a presumptive parole date designated by a parole panel for certain inmates for the purpose of diverting inmates to halfway houses under applicable state law from being a date that is earlier than the inmate's initial parole eligibility date computed under these provisions.

C.S.H.B. 200 repeals the following:

the provision that requires a person transferred to the Texas Department of Criminal Justice (TDCJ) from the Texas Juvenile Justice Department or a post-adjudication secure correctional facility for the offense of capital murder to become eligible for parole as provided by applicable state law for an offense listed in Code of Criminal Procedure provisions relating to limitations on judge-ordered community supervision or an offense for which a deadly weapon finding has been made; and

the provision that makes an inmate serving a life sentence under Penal Code provisions relating to ordinary felony punishments for a capital felony offense committed when the inmate was younger than 18 years of age ineligible for release on parole until the actual calendar time the inmate has served, without consideration of good conduct time, equals 40 calendar years.

C.S.H.B. 200 amends the Code of Criminal Procedure to require the court, in the penalty phase of the trial of a 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, other than a felony case in which the defendant is found guilty of a capital murder offense in which the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman or in which the person murders more than one person during the same criminal transaction or during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct or of the enhanced first degree felony aggravated assault offense in which the actor commits the assault as part of a mass shooting, to charge the jury in writing as follows:

the length of time for which the 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 earlier of:

o   the date the defendant's actual time served, without consideration of good conduct time, equals 20 years; or

o   the date the defendant would otherwise be eligible for release on parole under other applicable law;

eligibility for parole does not guarantee that parole will be granted;

it cannot accurately be predicted how the parole law might be applied to the defendant if sentenced to a term of imprisonment, because the application of that law will depend on decisions made by parole authorities; and

the jury may consider the existence of the parole law, but not the manner in which the parole law may be applied to the defendant.

These provisions apply to a defendant sentenced for an offense on or after the bill's effective date, regardless of when the offense was committed.

C.S.H.B. 200 establishes that its provisions relating to additional parole considerations and to eligibility for release on parole and the computation of parole eligibility dates for certain youthful offenders apply to any inmate who is confined in a facility operated by or under contract with TDCJ on or after the bill's effective date, regardless of whether the offense for which the inmate is confined occurred before, on, or after the bill's effective date. However, those provisions do not apply to an inmate who is confined in such a facility on or after the bill's effective date for an aggravated assault offense that was committed before the bill's effective date if a parole panel or the pardons and paroles division of TDCJ, as applicable, determines that the offense was committed as part of a mass shooting as defined by general Penal Code provisions.

C.S.H.B. 200 repeals Sections 499.053(d) and 508.145(b), Government Code.

EFFECTIVE DATE

January 1, 2026.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 200 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute omits the provisions from the introduced that did the following:

require a judge, in the trial of murder or capital murder for a defendant who was younger than 18 years of age at the time the offense was committed, to make an affirmative finding of fact and enter the affirmative finding in the judgment in the case on determining that the offense was committed as part of a mass shooting as defined by general Penal Code provisions;

require an applicable judgment to reflect such affirmative findings; and

establish that the bill's provisions relating to additional parole considerations and to eligibility for release on parole and the computation of parole eligibility dates for certain youthful offenders do not apply to an inmate who is confined in such a facility on or after the bill's effective date for a murder or capital murder offense that was committed before the bill's effective date if a parole panel or the pardons and paroles division of TDCJ, as applicable, determines that the offense was committed as part of a mass shooting as defined by general Penal Code provisions.

The substitute and the introduced both make the bill's provisions relating to additional parole considerations and to eligibility for release on parole and the computation of parole eligibility dates for certain youthful offenders inapplicable to an inmate who is serving a sentence for certain offenses and make the requirement for the court to charge the jury in writing as provided by the bill in the penalty phase of the trial of an applicable felony case other than a felony case in which the defendant is found guilty of one of those same offenses. However, the introduced and the substitute differ in the following ways:

the introduced included among those offenses an offense for which the judgment contains an affirmative finding under the introduced version's provisions relating to a mass shooting murder offense committed by a youthful offender, which the substitute does not do; and

the substitute includes among those offenses a capital murder offense in which the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman or in which the person murders more than one person during the same criminal transaction or during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct, which the introduced did not do.