Bill Text: TX SB55 | 2021 | 87th Legislature 3rd Special Session | Introduced

Texas Senate Bill 55 (Prior Session Legislation)

Introduced

Bill Title: Relating to the release on parole of certain youthful offenders; changing parole eligibility.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2021-10-15 - Filed [SB55 Detail]

Download: Texas-2021-SB55-Introduced.html



	By: Lucio	S.B. No. 55


	A BILL TO BE ENTITLED
	AN ACT
	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 [40]
	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) an offense described by Article
	42A.054(a), Code of Criminal Procedure;
	(ii) an offense for which the judgment
	contains an affirmative finding under Article 42A.054(c) or (d),
	Code of Criminal Procedure; or
	(iii) an offense under Section 20A.03,
	71.02, or 71.023, 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 one-fourth 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. Article 37.07, Section 4, Code of Criminal
	Procedure, is amended by adding Subsection (b-1) to read as
	follows:
	(b-1) Notwithstanding any other provision of this section,
	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, if
	the offense is an offense described by Article 42A.054(a), Code of
	Criminal Procedure, an offense for which an affirmative finding has
	been made under Article 42A.054(c) or (d), Code of Criminal
	Procedure, or an offense under Section 20A.03, 71.02, or 71.023,
	Penal Code, and the defendant was younger than 17 years of age at
	the time the offense was committed, the court shall charge the jury
	in writing as follows:
	"The length of time for which a defendant is imprisoned may be
	reduced by the award of parole.
	"Under the law applicable in this case, the defendant, if
	sentenced to a term of imprisonment, may earn early parole
	eligibility through the award of good conduct time. Prison
	authorities may award good conduct time to a prisoner who exhibits
	good behavior, diligence in carrying out prison work assignments,
	and attempts at rehabilitation. If a prisoner engages in
	misconduct, prison authorities may also take away all or part of any
	good conduct time earned by the prisoner.
	"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 actual time served plus any good
	conduct time earned equals one-fourth of the sentence imposed or 30
	years, whichever is less. Eligibility for parole does not guarantee
	that parole will be granted.
	"It cannot accurately be predicted how the parole law and
	good conduct time might be applied to this defendant if sentenced to
	a term of imprisonment, because the application of these laws will
	depend on decisions made by prison and parole authorities.
	"You may consider the existence of the parole law and good
	conduct time. However, you are not to consider the extent to which
	good conduct time may be awarded to or forfeited by this particular
	defendant. You are not to consider the manner in which the parole
	law may be applied to this particular defendant."
	SECTION 4. (a) The change in law made to Chapter 508,
	Government Code, by this Act applies to any inmate who is confined
	in a facility operated by or under contract with the Texas
	Department of Criminal Justice on or after the effective date of
	this Act, regardless of whether the offense for which the inmate is
	confined occurred before, on, or after the effective date of this
	Act.
	(b) Article 37.07, Section 4(b-1), Code of Criminal
	Procedure, as added by this Act, applies to the penalty phase of the
	trial of a felony case held on or after the effective date of this
	Act, regardless of whether the offense being tried occurred before,
	on, or after the effective date of this Act.
	SECTION 5. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect on the 91st day after the last day of the
	legislative session.