HBA-RBT H.B. 1619 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1619
By: Dutton
Criminal Jurisprudence
3/1/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, an inmate serving a life sentence for a capital felony is
eligible for release on parole after serving 40 calendar years.  H.B. 1619
provides that an inmate serving a life sentence is ineligible for release
on parole or mandatory supervision. 

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 508.046, Government Code, to remove a capital
felony from the list of offenses for which an inmate may be paroled after
serving 35 years. 

SECTION 2.  Amends Section 508.145(b), Government Code, to remove from
eligibility for parole an inmate serving a life sentence for a capital
felony. 

SECTION 3.  Amends Section 2, Article 37.071, Code of Criminal Procedure,
to require the court to charge the jury that if the jury returns a finding
that a sentence of life imprisonment is warranted, the court will sentence
the defendant to life in prison.  Requires the court to further charge the
jury that the defendant will be ineligible for release on parole or
mandatory supervision. 

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Effective date: September 1, 1999.

SECTION 6.  Emergency clause.