Texas 2025 - 89th Regular

Texas House Bill HB200 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	89R20347 MCF-D
2		-	By: Buckley, Cook, Jones of Dallas, H.B. No. 200
3		-	Jones of Harris, et al.
4		-	Substitute the following for H.B. No. 200:
5		-	By: Jones of Harris C.S.H.B. No. 200
	1	+	89R13663 MCF-D
	2	+	By: Buckley H.B. No. 200
6	3
7	4
8	5
9	6
10	7		A BILL TO BE ENTITLED
11	8		AN ACT
12	9		relating to jury instructions regarding parole eligibility and the
13	10		release on parole of certain inmates convicted of an offense
14	11		committed when younger than 18 years of age; changing parole
15	12		eligibility.
16	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	14		SECTION 1. Section 4, Article 37.07, Code of Criminal
18	15		Procedure, is amended by adding Subsection (c-1) to read as
19	16		follows:
20	17		(c-1) Notwithstanding any other provision of this section,
21	18		in the penalty phase of the trial of a felony case in which the
22	19		punishment is to be assessed by the jury rather than the court for a
23	20		defendant who was younger than 18 years of age at the time the
24	21		offense was committed, other than a felony case in which the
25		-	defendant is found guilty of an offense under Section ~~19.03(a)(1)~~
26		-	or (7), Penal Code, or an offense ~~punishable under Section~~
27		-	22.~~02(b)(4), Penal Code~~, the court ~~shall charge the jury in writing~~
28		-	as follows:
	22	+	defendant is found guilty of an offense punishable under Section
	23	+	22.02(b)(4), Penal Code, or an offense for which the judgment
	24	+	contains an affirmative finding under Article 42.0195, the court
	25	+	shall charge the jury in writing as follows:
29	26		"The length of time for which a defendant is imprisoned may be
30	27		reduced by the award of parole.
31	28		"Under the law applicable in this case, if the defendant is
32	29		sentenced to a term of imprisonment, the defendant will not become
33	30		eligible for parole until the earlier of (1) the date the
34	31		defendant's actual time served, without consideration of good
35	32		conduct time, equals 20 years, or (2) the date the defendant would
36	33		otherwise be eligible for release on parole under other applicable
37	34		law. Eligibility for parole does not guarantee that parole will be
38	35		granted.
39	36		"It cannot accurately be predicted how the parole law might
40	37		be applied to this defendant if sentenced to a term of imprisonment,
41	38		because the application of that law will depend on decisions made by
42	39		parole authorities.
43	40		"You may consider the existence of the parole law. You are
44	41		not to consider the manner in which the parole law may be applied to
45	42		this particular defendant."
46		-	SECTION 2. Subchapter E, Chapter 508, Government Code, is
	43	+	SECTION 2. Article 42.01, Code of Criminal Procedure, is
	44	+	amended by adding Section 17 to read as follows:
	45	+	Sec. 17. In addition to the information described by
	46	+	Section 1, the judgment must reflect affirmative findings entered
	47	+	pursuant to Article 42.0195.
	48	+	SECTION 3. Chapter 42, Code of Criminal Procedure, is
	49	+	amended by adding Article 42.0195 to read as follows:
	50	+	Art. 42.0195. FINDING REGARDING MASS SHOOTING MURDER
	51	+	OFFENSE COMMITTED BY YOUTHFUL OFFENDER. In the trial of an offense
	52	+	under Section 19.02 or 19.03, Penal Code, for a defendant who was
	53	+	younger than 18 years of age at the time the offense was committed,
	54	+	the judge shall make an affirmative finding of fact and enter the
	55	+	affirmative finding in the judgment in the case if the judge
	56	+	determines that the offense was committed as part of a mass shooting
	57	+	as defined by Section 1.07, Penal Code.
	58	+	SECTION 4. Subchapter E, Chapter 508, Government Code, is
47	59		amended by adding Sections 508.1415 and 508.1451 to read as
48	60		follows:
49	61		Sec. 508.1415. ADDITIONAL PAROLE CONSIDERATIONS FOR
50	62		CERTAIN YOUTHFUL OFFENDERS. (a) This section applies only to the
51	63		consideration for release on parole of an inmate who was younger
52	64		than 18 years of age at the time the offense for which the inmate is
53	65		eligible for release on parole was committed, except that this
54	66		section does not apply to an inmate serving a sentence for an
55		-	offense under:
56		-	(1) Section 19.03(a)(1) or (7), Penal Code; or
57		-	(2) Section 22.02, Penal Code, that is punishable
58		-	under Subsection (b)(4) of that section.
	67	+	offense:
	68	+	(1) under Section 22.02, Penal Code, that is
	69	+	punishable under Subsection (b)(4) of that section; or
	70	+	(2) for which the judgment contains an affirmative
	71	+	finding under Article 42.0195, Code of Criminal Procedure.
59	72		(b) In determining whether to release an inmate described by
60	73		Subsection (a) on parole, a parole panel shall assess the growth and
61	74		maturity of the inmate, taking into consideration:
62	75		(1) the diminished culpability of juveniles, as
63	76		compared to that of adults;
64	77		(2) the hallmark features of youth; and
65	78		(3) the greater capacity of juveniles for change, as
66	79		compared to that of adults.
67	80		(c) The board shall adopt a policy establishing factors for
68	81		a parole panel to consider when reviewing for release on parole an
69	82		inmate to whom this section applies to ensure that the inmate is
70	83		provided a meaningful opportunity to obtain release. The policy
71	84		must:
72	85		(1) consider the age of the inmate at the time of the
73	86		commission of the offense as a mitigating factor in favor of
74	87		granting release on parole;
75	88		(2) permit persons having knowledge of the inmate
76	89		before the inmate committed the offense or having knowledge of the
77	90		inmate's growth and maturity after the offense was committed to
78	91		submit statements regarding the inmate for consideration by the
79	92		parole panel; and
80	93		(3) establish a mechanism for the outcome of a
81	94		comprehensive mental health evaluation conducted by an expert
82	95		qualified by education and clinical training in adolescent mental
83	96		health issues to be considered by the parole panel.
84	97		(d) This section does not:
85	98		(1) affect the rights granted under this chapter or
86	99		Article 56A.051, Code of Criminal Procedure, to a victim, guardian
87	100		of a victim, or close relative of a deceased victim; or
88	101		(2) create a legal cause of action.
89	102		Sec. 508.1451. ELIGIBILITY FOR RELEASE ON PAROLE AND
90	103		COMPUTATION OF PAROLE ELIGIBILITY DATE FOR CERTAIN YOUTHFUL
91	104		OFFENDERS. (a) This section applies only to an inmate who is
92	105		serving a sentence for a felony offense committed when the inmate
93	106		was younger than 18 years of age, except that this section does not
94		-	apply to an inmate who is serving a sentence for an offense under:
95		-	(1) Section 19.03(a)(1) or (7), Penal Code; or
96		-	(2) Section 22.02, Penal Code, that is punishable
97		-	under Subsection (b)(4) of that section.
98		-	(b) Notwithstanding Section 508.145, an inmate described by
99		-	Subsection (a) is not eligible for release on parole until the
100		-	earlier of:
	107	+	apply to an inmate who is serving a sentence for an offense:
	108	+	(1) under Section 22.02, Penal Code, that is
	109	+	punishable under Subsection (b)(4) of that section; or
	110	+	(2) for which the judgment contains an affirmative
	111	+	finding under Article 42.0195, Code of Criminal Procedure.
	112	+	(b) Notwithstanding any other provision of this section, an
	113	+	inmate described by Subsection (a) is not eligible for release on
	114	+	parole until the earlier of:
101	115		(1) the date the inmate's actual calendar time,
102	116		without consideration of good conduct time, equals 20 years; or
103	117		(2) the date the inmate would otherwise be eligible
104	118		for release on parole under Section 508.145.
105		-	SECTION 3. Section 508.151(b), Government Code, is amended
	119	+	SECTION 5. Section 508.151(b), Government Code, is amended
106	120		to read as follows:
107	121		(b) The presumptive parole date may not be a date that is
108	122		earlier than the inmate's initial parole eligibility date computed
109	123		under Section 508.145 or 508.1451.
110		-	SECTION 4. The following provisions of the Government Code
	124	+	SECTION 6. The following provisions of the Government Code
111	125		are repealed:
112	126		(1) Section 499.053(d); and
113	127		(2) Section 508.145(b).
114		-	SECTION 5. (a) Section 4(c-1), Article 37.07, Code of
	128	+	SECTION 7. (a) Section 4(c-1), Article 37.07, Code of
115	129		Criminal Procedure, as added by this Act, applies to a defendant
116	130		sentenced for an offense on or after the effective date of this Act,
117	131		regardless of when the offense was committed.
118	132		(b) Except as provided by Subsection (c) of this section,
119	133		Sections 508.1415 and 508.1451, Government Code, as added by this
120	134		Act, apply to any inmate who is confined in a facility operated by
121	135		or under contract with the Texas Department of Criminal Justice on
122	136		or after the effective date of this Act, regardless of whether the
123	137		offense for which the inmate is confined occurred before, on, or
124	138		after the effective date of this Act.
125	139		(c) Sections 508.1415 and 508.1451, Government Code, as
126	140		added by this Act, do not apply to any inmate who is confined in a
127	141		facility operated by or under contract with the Texas Department of
128	142		Criminal Justice on or after the effective date of this Act for an
129		-	offense under Section 22.02, Penal Code, that was committed before
130		-	the effective date of this Act if a parole panel or the pardons and
131		-	paroles division of the Texas Department of Criminal Justice, as
132		-	applicable, determines that the offense was committed as part of a
133		-	mass shooting as defined by Section 1.07, Penal Code.
134		-	SECTION 6. This Act takes effect January 1, 2026.
	143	+	offense under Section 19.02, 19.03, or 22.02, Penal Code, that was
	144	+	committed before the effective date of this Act if a parole panel or
	145	+	the pardons and paroles division of the Texas Department of
	146	+	Criminal Justice, as applicable, determines that the offense was
	147	+	committed as part of a mass shooting as defined by Section 1.07,
	148	+	Penal Code.
	149	+	SECTION 8. This Act takes effect January 1, 2026.