HBA-RBT H.B. 903 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 903
By: Tillery
Corrections
3/5/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, life without parole is not an authorized disposition of a
criminal case in Texas. Defendants convicted of murder, aggravated sexual
assault, or sexual assault can be paroled after serving one-half their
sentence or 30 years, whichever is less.  H.B. 903 requires those
defendants sentenced to life in prison for murder or aggravated sexual
assault as well as inmates sentenced to 20 years for sexual assault to be
ineligible for parole.  This bill also requires the court to charge the
jury with specific instructions regarding the defendant's parole
eligibility. 
 
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(d), Government Code, to prohibit the
parole of an inmate serving a life sentence for murder or aggravated sexual
assault, or of an inmate serving a sentence of 20 years for sexual assault. 

SECTION 2.  Amends Section 4(a), Article 37.07, Code of Criminal Procedure,
to create Subdivision (1) from existing text.  Requires the court to charge
the jury with a specified charge regarding parole in the penalty phase of a
trial where the jury is to assess the punishment.  

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.