Bill Text: TX SB351 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to changing the eligibility for release on parole of certain inmates serving sentences for certain offenses involving family violence.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-09 - Referred to Criminal Justice [SB351 Detail]
Download: Texas-2021-SB351-Introduced.html
87R770 JRR-D | ||
By: Miles | S.B. No. 351 |
|
||
|
||
relating to changing the eligibility for release on parole of | ||
certain inmates serving sentences for certain offenses involving | ||
family violence. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 42.01, Code of Criminal Procedure, is | ||
amended by adding Section 16 to read as follows: | ||
Sec. 16. In addition to the information described by | ||
Section 1, the judgment must reflect affirmative findings entered | ||
pursuant to Article 42.0135. | ||
SECTION 2. Chapter 42, Code of Criminal Procedure, is | ||
amended by adding Article 42.0135 to read as follows: | ||
Art. 42.0135. FINDING IN CERTAIN FAMILY VIOLENCE ASSAULT | ||
CASES. In the trial of an offense under Section 22.01 or 22.02, | ||
Penal Code, the judge shall make an affirmative finding of fact and | ||
enter the affirmative finding in the judgment in the case if the | ||
judge determines that the offense was committed: | ||
(1) against a person whose relationship to or | ||
association with the defendant is described by Section 71.0021(b), | ||
71.003, or 71.005, Family Code; and | ||
(2) by impeding the normal breathing or circulation of | ||
the blood of the person by applying pressure to the person's throat | ||
or neck or by blocking the person's nose or mouth. | ||
SECTION 3. Section 508.145, Government Code, is amended by | ||
adding Subsection (e-1) to read as follows: | ||
(e-1) An inmate serving a sentence for an offense for which | ||
the judgment contains an affirmative finding under Article 42.0135, | ||
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: | ||
(1) subject to Subdivision (2), five calendar years or | ||
the term to which the inmate was sentenced, whichever is less; or | ||
(2) if the judgment for the offense also contains an | ||
affirmative finding under Article 42A.054(c) or (d), Code of | ||
Criminal Procedure, one-half of the sentence or 30 calendar years, | ||
whichever is less, except that notwithstanding Subsection (d)(2) | ||
the inmate may not become eligible for release on parole in less | ||
than five calendar years. | ||
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. |