HBA-RAR H.B. 135 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 135
By: McClendon
Criminal Jurisprudence
3/2/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas juries have two sentencing options for capital murder.
The options are either the death penalty or life imprisonment with the
possibility of parole after 40 years of actual time served. Texas is one of
eleven states that does not offer juries the option of sentencing a capital
offender to life without parole.  H.B. 135 replaces the sentencing option
of life with possibility of parole after 40 years with a sentence of life
without parole. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate  any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 508.046, Government Code, to exclude a capital
felony from the convictions that require an extraordinary vote by the Board
of Pardons and Paroles to release an inmate on parole.  

SECTION 2.  Amends Section 508.145(b), Government Code, to delete the
provision that allows an inmate serving a life sentence for a capital
felony to become eligible for release on parole after 40 years of actual
time served. 

SECTION 3. Amends Subsection (e), Section 2, Article 37.071, Code of
Criminal Procedure, as follows: 

(1)  Creates this subdivision from existing text.

(2)  Requires the court to instruct  the jury that, if the jury returns an
affirmative finding to each issue submitted under Subsection (b) of this
article (Procedure in Capital Case), the court is required to sentence the
defendant to confinement for life and that the defendant sentenced to
confinement for life is ineligible for release on parole or mandatory
supervision.  

SECTION 4.  Makes the application of this Act prospective.

SECTION 5.  Effective date:  September 1, 1999.

SECTION 6.  Emergency clause.