By: Moody, Leach, Thompson of Harris,	H.B. No. 213
	Buckley, Cook, et al.

	A BILL TO BE ENTITLED
	AN ACT
	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.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  This Act may be cited as the Senator Eddie Lucio
	Jr. Act.
	SECTION 2.  Section 4, Article 37.07, Code of Criminal
	Procedure, is amended by adding Subsections (c-1) and (c-2) to read
	as follows:
	(c-1)  Notwithstanding any other provision of this section
	and except as provided by Subsection (c-2), in the penalty phase of
	the trial of an offense described by Section 508.145(d-2)(1)(A),
	Government Code, in which the punishment is to be assessed by the
	jury rather than the court for a defendant who was younger than 18
	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 and diligence in carrying out prison work assignments
	and attempting 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 earlier of (1) the date the
	defendant's actual time served plus any good conduct time earned
	equals one-fourth of the sentence imposed or 15 years, whichever is
	less, or (2) the date the defendant would otherwise be eligible for
	release on parole under another provision of Section 508.145,
	Government Code. 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 will
	depend on decisions made by 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-2)  Notwithstanding any other provision of this section,
	in the penalty phase of the trial of a capital felony case in which
	the punishment is to be assessed by the jury rather than the court
	for a defendant who was younger than 18 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, if the defendant is
	sentenced to a term of imprisonment, the defendant will not become
	eligible for parole until the actual time served equals 20 years.
	Eligibility for parole does not guarantee that parole will be
	granted.
	"It cannot accurately be predicted how the parole law might
	be applied to this defendant if sentenced to a term of imprisonment,
	because the application of that law will depend on decisions made by
	parole authorities.
	"You may consider the existence of the parole law. You are
	not to consider the manner in which the parole law may be applied to
	this particular defendant."
	SECTION 3.  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; and
	(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.
	(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 4.  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)  a first degree felony under Section
	71.02, Penal Code; or
	(iii)  an offense under Section 71.023,
	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 earlier of:
	(A)  the date the inmate's actual calendar time
	served plus good conduct time equals one-fourth of the sentence or
	15 years, whichever is less; or
	(B)  the date 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 life sentence under Section 12.31(a)(1), Penal Code, for
	a capital felony is not eligible for release on parole until the
	inmate's actual calendar time served, without consideration of good
	conduct time, equals 20 years.
	SECTION 5.  Section 508.145(b), Government Code, is
	repealed.
	SECTION 6.  (a) Sections 4(c-1) and (c-2), Article 37.07,
	Code of Criminal Procedure, as added by this Act, apply to a
	defendant sentenced for an offense on or after the effective date of
	this Act, regardless of when the offense was committed.
	(b)  Section 508.1415, Government Code, as added by this Act,
	and Section 508.145, Government Code, as amended by this Act, apply
	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 7.  This Act takes effect September 1, 2023.