Bill Text: TX HB3983 | 2023-2024 | 88th Legislature | Introduced

---

Bill Title: Relating to changing the eligibility for release on parole or to mandatory supervision of a person convicted of certain violent offenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-20 - Referred to Corrections [HB3983 Detail]

Download: Texas-2023-HB3983-Introduced.html

---

88R9734 MCF-F
By: Anchía H.B. No. 3983

A BILL TO BE ENTITLED
AN ACT
relating to changing the eligibility for release on parole or to
mandatory supervision of a person convicted of certain violent
offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 508.145(a), (c), and (d), Government
Code, are amended to read as follows:
(a) An inmate is not eligible for release on parole if the
inmate is:
(1) under sentence of death;
(2) [,] serving a sentence of life imprisonment
without parole; [,] or
(3) serving a sentence for an offense [any of the
following offenses under the Penal Code]:
(A) listed in Article 42A.054(a), Code of
Criminal Procedure, other than an offense under Section 19.03,
Penal Code;
(B) for which the judgment contains an
affirmative finding under Article 42A.054(c) or (d), Code of
Criminal Procedure [(1) Section 20A.03, if the offense is based
partly or wholly on conduct constituting an offense under Section
20A.02(a)(5), (6), (7), or (8)]; or
(C) under [(2)] Section 21.02, Penal Code [; or
[(3) Section 22.021, if the offense is punishable
under Subsection (f) of that section].
(c) An inmate serving a sentence under Section 12.42(c)(2),
Penal Code, other than an inmate serving a sentence for an offense
to which Subsection (a) applies, is not eligible for release on
parole until the actual calendar time the inmate has served,
without consideration of good conduct time, equals 35 calendar
years.
(d) An [(1) This subsection applies only to an] inmate [who
is] serving a sentence for [:
[(A) an offense described by Article 42A.054(a),
Code of Criminal Procedure, other than an offense under Section
19.03, Penal Code, or an offense under Chapter 20A, Penal Code, that
is described by Subsection (a)(1) or (c-1)(1);
[(B) an offense for which the judgment contains
an affirmative finding under Article 42A.054(c) or (d), Code of
Criminal Procedure; or
[(C)] an offense under Section 71.02 or 71.023,
Penal Code, [.
[(2) 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-half 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.
[(3) Notwithstanding Subdivision (2), an inmate who is
serving a sentence for an offense under Section 22.021, Penal Code,
is not eligible for release on parole if the inmate is serving a
sentence for an offense for which punishment was enhanced under
Section 12.42(c)(4), Penal Code.]
SECTION 2. Section 508.149(a), Government Code, is amended
to read as follows:
(a) An inmate may not be released to mandatory supervision
if the inmate is serving a sentence for or has been previously
convicted of:
(1) an offense listed in Article 42A.054(a), Code of
Criminal Procedure, or for which the judgment contains an
affirmative finding under Article 42A.054(c) or (d) of that code [,
Code of Criminal Procedure];
(2) [a first degree felony or a second degree felony
under Section 19.02, Penal Code;
[(3) a capital felony under Section 19.03, Penal Code;
[(4) a first degree felony or a second degree felony
under Section 20.04, Penal Code;
[(5) an offense under Section 21.11, Penal Code;
[(6) a felony under Section 22.011, Penal Code;
[(7)] a first degree felony or a second degree felony
under Section 22.02, Penal Code;
(3) [(8) a first degree felony under Section 22.021,
Penal Code;
[(9)] a first degree felony under Section 22.04, Penal
Code;
(4) [(10)] a first degree felony under Section 28.02,
Penal Code;
(5) [(11)] a second degree felony under Section
29.02, Penal Code;
(6) [(12) a first degree felony under Section 29.03,
Penal Code;
[(13)] a first degree felony under Section 30.02, Penal
Code;
(7) [(14)] a felony for which the punishment is
increased under Section 481.134 [or Section 481.140], Health and
Safety Code;
(8) [(15) an offense under Section 43.25, Penal Code;
[(16)] an offense under Section 21.02, Penal Code; or
(9) [(17) a first degree felony under Section 15.03,
Penal Code;
[(18) an offense under Section 43.05, Penal Code;
[(19) an offense under Section 20A.02, Penal Code;
[(20) an offense under Section 20A.03, Penal Code;
[(21)] a first degree felony under Section 71.02 or
71.023, Penal Code [; or
[(22) an offense under Section 481.1123, Health and
Safety Code, punished under Subsection (d), (e), or (f) of that
section].
SECTION 3. Section 499.053(d), Government Code, is amended
to read as follows:
(d) A person transferred from the Texas Juvenile Justice
Department or a post-adjudication secure correctional facility for
the offense of capital murder shall become eligible for parole as
provided in Section 508.145(d) for an offense under Section 71.02
or 71.023, Penal Code [listed in Article 42A.054, Code of Criminal
Procedure, or an offense for which a deadly weapon finding has been
made].
SECTION 4. Section 508.046, Government Code, is amended to
read as follows:
Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. To release on
parole an inmate [who was convicted of an offense under Section
20A.03, 21.02, 21.11(a)(1), or 22.021, Penal Code, or] who is
required under Section 508.145(c) to serve 35 calendar years before
becoming eligible for release on parole, all members of the board
must vote on the release on parole of the inmate, and at least
two-thirds of the members must vote in favor of the release on
parole. A member of the board may not vote on the release unless the
member first receives a copy of a written report from the department
on the probability that the inmate would commit an offense after
being released on parole.
SECTION 5. The following provisions are repealed:
(1) Article 42.01991, Code of Criminal Procedure;
(2) Section 508.225, Government Code; and
(3) Sections 508.145(c-1) and (d-1), Government Code.
SECTION 6. 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 7. This Act takes effect September 1, 2023.