HBA-RAR H.B. 151 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 151 By: Naishtat Criminal Jurisprudence 2/5/1999 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. 151 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 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 delete 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.