Bill Text: TX HB1279 | 2019-2020 | 86th Legislature | Enrolled


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-Enrolled.html
 
 
  H.B. No. 1279
 
 
 
 
AN ACT
  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:
         ["Under the law applicable in this case, the defendant, if
  sentenced to a term of imprisonment, may earn time off the period of
  incarceration imposed 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.]
         "The [It is also possible that the] length of time for which a
  [the] defendant is [will be] imprisoned may [might] be reduced by
  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[, without
  consideration of any good conduct time the defendant may earn].  If
  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 [and
  good conduct time] might be applied to this defendant if sentenced
  to a term of imprisonment, because the application of that law
  [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."
         (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 [time off the period of incarceration imposed] 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.
         ["It is also possible that the length of time for which the
  defendant will be imprisoned might be reduced by the award of
  parole.]
         "Under the law applicable in this case, if the defendant is
  sentenced to a term of imprisonment, the defendant [he] 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 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 [he is]
  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 [time off the period of incarceration imposed] 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.
         ["It is also possible that the length of time for which the
  defendant will be imprisoned might be reduced by the award of
  parole.]
         "Under the law applicable in this case, if the defendant is
  sentenced to a term of imprisonment, the defendant [he] will not
  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 [he is]
  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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1279 was passed by the House on April
  12, 2019, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1279 was passed by the Senate on May
  15, 2019, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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