Bill Text: TX HB686 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the release on parole of certain youthful offenders; changing parole eligibility.
Spectrum: Slight Partisan Bill (Democrat 20-7)
Status: (Vetoed) 2021-06-18 - Vetoed by the Governor [HB686 Detail]
Download: Texas-2021-HB686-Comm_Sub.html
Bill Title: Relating to the release on parole of certain youthful offenders; changing parole eligibility.
Spectrum: Slight Partisan Bill (Democrat 20-7)
Status: (Vetoed) 2021-06-18 - Vetoed by the Governor [HB686 Detail]
Download: Texas-2021-HB686-Comm_Sub.html
By: Moody, et al. | H.B. No. 686 | |
(Senate Sponsor - Lucio, Eckhardt, Hall) | ||
(In the Senate - Received from the House April 8, 2021; | ||
May 10, 2021, read first time and referred to Committee on Criminal | ||
Justice; May 20, 2021, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 7, Nays 0; | ||
May 20, 2021, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 686 | By: Whitmire |
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relating to the release on parole of certain youthful offenders; | ||
changing parole eligibility. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter E, Chapter 508, Government Code, is | ||
amended by adding Section 508.1415 to read as follows: | ||
Sec. 508.1415. ADDITIONAL PAROLE CONSIDERATIONS FOR | ||
YOUTHFUL OFFENDERS. (a) This section applies only to the | ||
consideration for release on parole of an inmate who was younger | ||
than 17 years of age at the time the offense for which the inmate is | ||
eligible for release on parole was committed. | ||
(b) In determining whether to release an inmate described by | ||
Subsection (a) on parole, a parole panel shall assess the growth and | ||
maturity of the inmate, taking into consideration: | ||
(1) the diminished culpability of juveniles, as | ||
compared to that of adults; | ||
(2) the hallmark features of youth; and | ||
(3) the greater capacity of juveniles for change, as | ||
compared to that of adults. | ||
(c) The board shall adopt a policy establishing factors for | ||
a parole panel to consider when reviewing for release on parole an | ||
inmate to whom this section applies to ensure that the inmate is | ||
provided a meaningful opportunity to obtain release. The policy | ||
must: | ||
(1) consider the age of the inmate at the time of the | ||
commission of the offense as a mitigating factor in favor of | ||
granting release on parole; | ||
(2) 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 | ||
(3) 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. | ||
(d) This section does not: | ||
(1) affect the rights granted under this chapter or | ||
Article 56A.051, Code of Criminal Procedure, to a victim, guardian | ||
of a victim, or close relative of a deceased victim; or | ||
(2) create a legal cause of action. | ||
SECTION 2. Section 508.145, Government Code, is amended by | ||
amending Subsection (b) and adding Subsection (d-2) to read as | ||
follows: | ||
(b) An inmate serving a life sentence under Section | ||
12.31(a)(1), Penal Code, for a capital felony is not eligible for | ||
release on parole until the actual calendar time the inmate has | ||
served, without consideration of good conduct time, equals 30 [ |
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calendar years, except that an inmate serving a life sentence under | ||
Section 12.31(a)(1), Penal Code, for a capital felony under Section | ||
19.03(a)(1) or (7) of that code is not eligible for release on | ||
parole until the actual calendar time the inmate has served, | ||
without consideration of good conduct time, equals 40 calendar | ||
years. | ||
(d-2)(1) This subsection applies only to an inmate who: | ||
(A) is serving a sentence for: | ||
(i) a first degree felony described by | ||
Article 42A.054(a), Code of Criminal Procedure; | ||
(ii) an offense under Section 20A.03 or | ||
71.023, Penal Code; or | ||
(iii) a first degree felony under Section | ||
71.02, Penal Code; and | ||
(B) was younger than 17 years of age at the time | ||
the offense was committed. | ||
(2) Notwithstanding any other provision of this | ||
section, an inmate described by Subdivision (1) is not eligible for | ||
release on parole until the inmate's actual calendar time served, | ||
without consideration of good conduct time, equals 20 calendar | ||
years or one-half of the applicable time provided by this section, | ||
whichever is less, but in no event is the inmate eligible for | ||
release on parole in less than four calendar years unless the inmate | ||
would otherwise be eligible for release on parole under another | ||
provision of this section. | ||
SECTION 3. 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 4. This Act takes effect January 1, 2022. | ||
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