82R507 KCR-D     By: Riddle H.B. No. 772       A BILL TO BE ENTITLED   AN ACT   relating to the applicability of certain laws to certain sex   offenders.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 4(b), Article 37.07, Code of Criminal   Procedure, is amended to read as follows:          (b)  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, if the offense is punishable as a felony of the first degree,   if a prior conviction has been alleged for enhancement of   punishment as provided by Section 12.42(b), (c)(1) [or (2)], or   (d), Penal Code, or if the offense is a felony not designated as a   capital felony or a felony of the first, second, or third degree and   the maximum term of imprisonment that may be imposed for the offense   is longer than 60 years, unless the offense of which the jury has   found the defendant guilty is an offense that is punishable under   Section 21.02(h), Penal Code, or is listed in Section 3g(a)(1),   Article 42.12, [of this code] or the judgment contains an   affirmative finding under Section 3g(a)(2), Article 42.12, [of this   code,] the court shall charge the jury in writing as follows:          "Under the law applicable in this case, the defendant, if   sentenced to a term of imprisonment, may earn time off the period of   incarceration imposed through the award of good conduct time.     Prison authorities may award good conduct time to a prisoner who   exhibits good behavior, diligence in carrying out prison work   assignments, and attempts at rehabilitation.  If a prisoner   engages in misconduct, prison authorities may also take away all or   part of any good conduct time earned by the prisoner.          "It is also possible that the length of time for which the   defendant will be imprisoned might be reduced by the award of   parole.          "Under the law applicable in this case, if the defendant is   sentenced to a term of imprisonment, he will not become eligible for   parole until the actual time served plus any good conduct time   earned equals one-fourth of the sentence imposed or 15 years,   whichever is less.  Eligibility for parole does not guarantee that   parole will be granted.          "It cannot accurately be predicted how the parole law and   good conduct time might be applied to this defendant if he is   sentenced to a term of imprisonment, because the application of   these laws will depend on decisions made by prison and parole   authorities.          "You may consider the existence of the parole law and good   conduct time.  However, you are not to consider the extent to which   good conduct time may be awarded to or forfeited by this particular   defendant.  You are not to consider the manner in which the parole   law may be applied to this particular defendant."          SECTION 2.  Section 508.046, Government Code, is amended to   read as follows:          Sec. 508.046.  EXTRAORDINARY VOTE REQUIRED.  To release on   parole an inmate who was convicted of an offense under Section   [21.02,] 21.11(a)(1)[,] or 22.021, Penal Code, and is not   ineligible for release on parole or an inmate who is required under   Section 508.145(c) to serve 35 calendar years before becoming   eligible for release on parole, all members of the board must vote   on the release on parole of the inmate, and at least two-thirds of   the members must vote in favor of the release on parole.  A member   of the board may not vote on the release unless the member first   receives a copy of a written report from the department on the   probability that the inmate would commit an offense after being   released on parole.          SECTION 3.  Section 508.187(a), Government Code, is amended   to read as follows:          (a)  This section applies only to a releasee serving a   sentence for an offense under:                (1)  Section 43.25 or 43.26, Penal Code;                (2)  Section [21.02,] 21.11, 22.011, 22.021, or 25.02,   Penal Code;                (3)  Section 20.04(a)(4), Penal Code, if the releasee   committed the offense with the intent to violate or abuse the victim   sexually; or                (4)  Section 30.02, Penal Code, punishable under   Subsection (d) of that section, if the releasee committed the   offense with the intent to commit a felony listed in Subdivision (2)   or (3).          SECTION 4.  Section 508.189(a), Government Code, is amended   to read as follows:          (a)  A parole panel shall require as a condition of parole or   mandatory supervision that a releasee convicted of an offense under   Section [21.02,] 21.08, 21.11, 22.011, 22.021, 25.02, 43.25, or   43.26, Penal Code, pay to the division a parole supervision fee of   $5 each month during the period of parole supervision.          SECTION 5.  Section 38.05(d), Penal Code, is amended to read   as follows:          (d)  An offense under this section is a felony of the third   degree if the person who is harbored, concealed, provided with a   means of avoiding arrest or effecting escape, or warned of   discovery or apprehension is under arrest for, charged with, or   convicted of a felony, including an offense under Article [Section]   62.102, Code of Criminal Procedure, or is in custody or detention   for, is alleged in a petition to have engaged in, or has been   adjudicated as having engaged in delinquent conduct that violates a   penal law of the grade of felony, including an offense under Article   [Section] 62.102, Code of Criminal Procedure, and the person   charged under this section knew that the person they harbored,   concealed, provided with a means of avoiding arrest or effecting   escape, or warned of discovery or apprehension is under arrest for,   charged with, or convicted of a felony, or is in custody or   detention for, is alleged in a petition to have engaged in, or has   been adjudicated as having engaged in delinquent conduct that   violates a penal law of the grade of felony.          SECTION 6.  Section 508.117(g)(2-a), Government Code, is   repealed.          SECTION 7.  This Act takes effect September 1, 2011.