Bill Text: TX HB213 | 2023-2024 | 88th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to jury instructions regarding parole eligibility and the release on parole of certain inmates convicted of an offense committed when younger than 18 years of age; changing parole eligibility.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2023-05-19 - Left pending in committee [HB213 Detail]

Download: Texas-2023-HB213-Introduced.html

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By: Moody H.B. No. 213

A BILL TO BE ENTITLED
AN ACT
relating to the release on parole of certain inmates convicted of an
offense committed when younger than 18 years of age; 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 18 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
adding Subsection (d-2) to read as follows:
(d-2)(1) This subsection applies only to an inmate who:
(A) is serving a sentence for:
(i) a capital or first degree felony
described by Article 42A.054(a), Code of Criminal Procedure;
(ii) an offense under Section 20A.03 or
71.023, Penal Code; or
(iii) a first degree felony under Section
71.02, Penal Code; and
(B) was younger than 18 years of age at the time
the offense was committed.
(2) Notwithstanding any other provision of this
section and except as provided by Subdivision (3), 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 20 calendar years or
one-half of the applicable time provided by this section, whichever
is less, but in no event is the inmate eligible for release on
parole in less than four calendar years unless the inmate would
otherwise be eligible for release on parole under another provision
of this section.
(3) An inmate described by Subdivision (1) who is
serving a sentence for a capital felony under Section 19.03(a)(7),
Penal Code, other than an inmate who was found guilty only as a
party under Section 7.02(b), Penal Code, is not eligible for
release on parole until the inmate's actual calendar time served,
without consideration of good conduct time, equals 40 calendar
years.
SECTION 3. The following provisions of the Government Code
are repealed:
(1) Section 499.053(d); and
(2) Section 508.145(b).
SECTION 4. The change in law made 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.
SECTION 5. This Act takes effect January 1, 2024.