Bill Text: TX HB465 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to changing the eligibility for release on parole of certain inmates serving sentences for trafficking offenses involving one or more child victims.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB465 Detail]
Download: Texas-2021-HB465-Enrolled.html
H.B. No. 465 |
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relating to changing the eligibility for release on parole of | ||
certain inmates serving sentences for trafficking offenses | ||
involving one or more child victims. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 42, Code of Criminal Procedure, is | ||
amended by adding Article 42.01991 to read as follows: | ||
Art. 42.01991. FINDING REGARDING AGREEMENT ON PAROLE | ||
ELIGIBILITY FOR CERTAIN DEFENDANTS. (a) This article applies only | ||
in the trial of an offense under Section 20A.02(a)(5), (6), (7), or | ||
(8), Penal Code, in which: | ||
(1) the defendant enters a plea of guilty; and | ||
(2) the attorney representing the state, the attorney | ||
representing the defendant, and the defendant agree in writing that | ||
the defendant will become eligible for release on parole as | ||
described by Section 508.145(c-1)(2), Government Code. | ||
(b) In the trial of an offense to which this article | ||
applies, on the motion of the attorney representing the state, the | ||
judge shall make an affirmative finding of fact that the parties | ||
have entered into the agreement described by Subsection (a)(2) and | ||
shall enter the affirmative finding in the judgment in the case. | ||
SECTION 2. Section 508.145, Government Code, is amended by | ||
amending Subsection (a) and adding Subsection (c-1) to read as | ||
follows: | ||
(a) An inmate is not eligible for release on parole if the | ||
inmate is under sentence of death, serving a sentence of life | ||
imprisonment without parole, or serving a sentence for any of the | ||
following offenses under the Penal Code: | ||
(1) Section 20A.03, if the offense is based partly or | ||
wholly on conduct constituting an offense under Section | ||
20A.02(a)(5), (6), (7), or (8); | ||
(2) [ |
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21.02; or | ||
(3) [ |
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punishable under Subsection (f) of that section [ |
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(c-1)(1) Except as provided by Subdivision (2), an inmate | ||
serving a sentence for an offense under Section 20A.02(a)(5), (6), | ||
(7), or (8), Penal Code, is not eligible for release on parole. | ||
(2) An inmate serving a sentence for an offense | ||
described by Subdivision (1) for which the judgment in the case | ||
contains an affirmative finding under Article 42.01991, Code of | ||
Criminal Procedure, is not eligible for release on parole until the | ||
inmate's actual calendar time served, without consideration of good | ||
conduct time, equals one-half of the sentence or 30 calendar years, | ||
whichever is less, but in no event is the inmate eligible for | ||
release on parole in less than two calendar years. | ||
SECTION 3. Section 508.145(d)(1), Government Code, is | ||
amended to read as follows: | ||
(d)(1) This subsection applies only to an inmate who is | ||
serving a sentence for: | ||
(A) an offense described by Article 42A.054(a), | ||
Code of Criminal Procedure, other than an offense under Section | ||
19.03, Penal Code, or an offense under Chapter 20A, Penal Code, that | ||
is described by Subsection (a)(1) or (c-1)(1); | ||
(B) an offense for which the judgment contains an | ||
affirmative finding under Article 42A.054(c) or (d), Code of | ||
Criminal Procedure; or | ||
(C) [ |
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[ |
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Penal Code. | ||
SECTION 4. The change in law made by this Act applies only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 5. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 465 was passed by the House on April | ||
15, 2021, by the following vote: Yeas 143, Nays 1, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 465 was passed by the Senate on May | ||
27, 2021, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |