HBA-NLM H.B. 421 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 421
By: Talton
Corrections
2/17/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas law allows for an inmate who receives a life sentence
under Section 481.134, Health and Safety Code (Drug-Free Zones), Section
12.42(c), Penal Code (Penalties for Repeat and Habitual Felony Offenders),
or Article 42.12, Code of Criminal Procedure (Community Supervision), to be
eligible for parole after serving 40 years of that sentence. H.B. 421
abolishes an inmate's eligibility for parole for offenses described under
Section 42.12 (3g), Code of Criminal Procedure (Limitation on Judge Ordered
Community Supervision). The offenses described by Section 3g include
murder, indecency with a child, aggravated kidnapping, aggravated sexual
assault, aggravated robbery, and sexual assault with a deadly weapon. 

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 508.145, Government Code, as follows:

Sec. 508.145. ELIGIBILITY FOR RELEASE ON PAROLE; COMPUTATION OF PAROLE
ELIGIBILITY DATE.  Deletes from the existing text language which states
that an inmate serving a sentence is not eligible for release on parole
until the inmate has served 40 years of a life sentence for a capital
felony, 35 years of a life sentence under Section 12.42(c)(2) (Penalties
for Repeat and Habitual Felony Offenders), Penal Code, half of the sentence
or 30 years of a sentence for an offense described by  Section 3g
(Limitation on Judge Ordered Community Supervision), Article 42.12, Code of
Criminal Procedure (Community Supervision), or an offense for which the
judgment contains an affirmative finding under Section 3g (a)(2).  Includes
the provision that an inmate is not eligible for parole if the inmate is
serving a sentence for an offense described by  Section 3g (a)(1)(A), (C),
(D), (E), (F), (G), or (H), Article 42.12, Code of Criminal Procedure, and
the sentence is increased under Section 481.134, Health and Safety Code
(Drug-Free Zones). The offenses described by Section 3g include murder,
indecency with a child, aggravated kidnapping, aggravated sexual assault,
aggravated robbery, and  sexual assault with a deadly weapon. 

SECTION 2.  Amends Section 508.149 (a), Government Code, to include a
felony for which the punishment is increased under Section 12.42, Penal
Code, among the list of sentences and convictions for which an inmate may
not be released to mandatory supervision. Makes a nonsubstantive change. 

SECTION 3.  Makes amendments to Section 508.145 (c) and Section 508.149 (a)
as set out in this Act effectively applicable under Section 311.031 (c),
Government Code, to the codification of Section 3, Chapter 665 and Chapter
238, respectively. Provides that to the extent of any conflict, this Act
prevails over another Act of the 76th Legislature, Regular Session, 1999,
relating to nonsubstantive additions and corrections in enacted codes. 



 
SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Effective date: September 1, 1999.

SECTION 6.  Emergency clause.