89R20347 MCF-D     By: Buckley, Cook, Jones of Dallas, H.B. No. 200       Jones of Harris, et al.     Substitute the following for H.B. No. 200:     By:  Jones of Harris C.S.H.B. No. 200       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, 2026.