Moody Bill Caps Parole Wait At 20 Years For Juvenile Offenders

The text as introduced · 1,104 words

By: Moody
H.B. No. 277

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. Section 4, Article 37.07, Code of Criminal

Procedure, is amended by adding Subsection (c-1) to read as

follows:

(c-1) Notwithstanding any other provision of this section,

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 for a

defendant who was younger than 18 years of age at the time the

offense was committed, other than a felony case in which the

defendant is found guilty of an offense under Section 19.03(a)(1)

or (7), Penal Code, or an offense punishable under Section

22.02(b)(4), Penal Code, 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 earlier of (1) the date the

defendant's actual time served, without consideration of good

conduct time, equals 20 years, or (2) the date the defendant would

otherwise be eligible for release on parole under other applicable

law. 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 2. Subchapter E, Chapter 508, Government Code, is

amended by adding Sections 508.1415 and 508.1451 to read as

follows:

Sec. 508.1415. ADDITIONAL PAROLE CONSIDERATIONS FOR

CERTAIN 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, except that this

section does not apply to an inmate serving a sentence for an

offense under:

(1) Section 19.03(a)(1) or (7), Penal Code; or

(2) Section 22.02, Penal Code, that is punishable

under Subsection (b)(4) of that section.

(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.

Sec. 508.1451. ELIGIBILITY FOR RELEASE ON PAROLE AND

COMPUTATION OF PAROLE ELIGIBILITY DATE FOR CERTAIN YOUTHFUL

OFFENDERS. (a) This section applies only to an inmate who is

serving a sentence for a felony offense committed when the inmate

was younger than 18 years of age, except that this section does not

apply to an inmate who is serving a sentence for an offense under:

(1) Section 19.03(a)(1) or (7), Penal Code; or

(2) Section 22.02, Penal Code, that is punishable

under Subsection (b)(4) of that section.

(b) Notwithstanding Section 508.145, an inmate described by

Subsection (a) is not eligible for release on parole until the

earlier of:

(1) the date the inmate's actual calendar time,

without consideration of good conduct time, equals 20 years; or

(2) the date the inmate would otherwise be eligible

for release on parole under Section 508.145.

SECTION 3. Section 508.151(b), Government Code, is amended

to read as follows:

(b) The presumptive parole date may not be a date that is

earlier than the inmate's initial parole eligibility date computed

under Section 508.145 or 508.1451 .

SECTION 4. The following provisions of the Government Code

are repealed:

(1) Section 499.053(d); and

(2) Section 508.145(b).

SECTION 5. (a) Section 4(c-1), Article 37.07, Code of

Criminal Procedure, as added 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.

(b) Except as provided by Subsection (c) of this section,

Sections 508.1415 and 508.1451, Government Code, as added 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.

(c) Sections 508.1415 and 508.1451, Government Code, as

added by this Act, do not 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 for an

offense under Section 22.02, Penal Code, that was committed before

the effective date of this Act if a parole panel or the pardons and

paroles division of the Texas Department of Criminal Justice, as

applicable, determines that the offense was committed as part of a

mass shooting as defined by Section 1.07, Penal Code.

SECTION 6. This Act takes effect January 1, 2028.