Bill Text: TX HB1279 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to jury instructions regarding parole eligibility.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-05-28 - Effective on 9/1/19 [HB1279 Detail]
Download: Texas-2019-HB1279-Comm_Sub.html
Bill Title: Relating to jury instructions regarding parole eligibility.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-05-28 - Effective on 9/1/19 [HB1279 Detail]
Download: Texas-2019-HB1279-Comm_Sub.html
By: Allen (Senate Sponsor - Menéndez) | H.B. No. 1279 | |
(In the Senate - Received from the House April 15, 2019; | ||
April 16, 2019, read first time and referred to Committee on | ||
Criminal Justice; May 9, 2019, reported favorably by the following | ||
vote: Yeas 6, Nays 0; May 9, 2019, sent to printer.) | ||
|
||
|
||
relating to jury instructions regarding parole eligibility. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 4(a), (b), and (c), Article 37.07, Code | ||
of Criminal Procedure, are amended to read as follows: | ||
(a) 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 of which the jury has found the defendant | ||
guilty is an offense under Section 71.02, Penal Code, other than an | ||
offense punishable as a state jail felony under that section, an | ||
offense under Section 71.023, Penal Code, or an offense listed in | ||
Article 42A.054(a), or if the judgment contains an affirmative | ||
finding under Article 42A.054(c) or (d), unless the defendant has | ||
been convicted of an offense under Section 21.02, Penal Code, an | ||
offense under Section 22.021, Penal Code, that is punishable under | ||
Subsection (f) of that section, or a capital felony, the court shall | ||
charge the jury in writing as follows: | ||
[ |
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
"The [ |
||
[ |
||
the award of parole. | ||
"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 equals one-half of | ||
the sentence imposed or 30 years, whichever is less[ |
||
|
||
the defendant is sentenced to a term of less than four years, the | ||
defendant must serve at least two years before the defendant is | ||
eligible for parole. Eligibility for parole does not guarantee | ||
that parole will be granted. | ||
"It cannot accurately be predicted how the parole law [ |
||
|
||
to a term of imprisonment, because the application of that law | ||
[ |
||
authorities. | ||
"You may consider the existence of the parole law [ |
||
|
||
|
||
|
||
law may be applied to this particular defendant." | ||
(b) 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 punishable as a felony of the first degree, | ||
if a prior conviction has been alleged for enhancement of | ||
punishment as provided by Section 12.42(b), (c)(1) or (2), or (d), | ||
Penal Code, or if the offense is a felony not designated as a | ||
capital felony or a felony of the first, second, or third degree and | ||
the maximum term of imprisonment that may be imposed for the offense | ||
is longer than 60 years, unless the offense of which the jury has | ||
found the defendant guilty is an offense that is punishable under | ||
Section 21.02(h), Penal Code, or is listed in Article 42A.054(a) or | ||
the judgment contains an affirmative finding under Article | ||
42A.054(c) or (d), 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 [ |
||
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 [ |
||
become eligible for parole until the actual time served plus any | ||
good conduct time earned equals one-fourth of the sentence imposed | ||
or 15 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." | ||
(c) 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 punishable as a felony of the second or | ||
third degree, if a prior conviction has been alleged for | ||
enhancement as provided by Section 12.42(a), Penal Code, or if the | ||
offense is a felony not designated as a capital felony or a felony | ||
of the first, second, or third degree and the maximum term of | ||
imprisonment that may be imposed for the offense is 60 years or | ||
less, unless the offense of which the jury has found the defendant | ||
guilty is listed in Article 42A.054(a) or the judgment contains an | ||
affirmative finding under Article 42A.054(c) or (d), 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 [ |
||
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 [ |
||
become eligible for parole until the actual time served plus any | ||
good conduct time earned equals one-fourth of the sentence imposed. | ||
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 2. The change in law made by this Act applies to a | ||
defendant sentenced for an offense on or after the effective date of | ||
this Act, regardless of when the offense was committed. | ||
SECTION 3. This Act takes effect September 1, 2019. | ||
* * * * * |