HBA-EDN H.B. 869 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 869
By: Dutton
Criminal Jurisprudence
3/15/2001
Introduced



BACKGROUND AND PURPOSE 

In Texas, juries in capital felony cases may either impose a death sentence
or a life sentence.  Under current law, a defendant sentenced to life may
become eligible for release on parole after the defendant has served 40
calendar years.  House Bill 869 provides that a defendant sentenced to life
for a capital felony will not become eligible for parole or mandatory
supervision and that the jury be so advised at the time of deliberation.    

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. 

ANALYSIS

House Bill 869 amends the Government Code to provide that an inmate serving
a life sentence for a capital felony is not eligible for release on parole.
The bill removes language that allows an inmate serving a life sentence for
a capital felony to become eligible for release on parole when the actual
calendar time the inmate has served equals 40 calendar years.   

H.B. 869 amends the Code of Criminal Procedure to modify the jury
instructions in capital cases to provide that a defendant will not become
eligible for release on parole or mandatory supervision if the defendant is
sentenced to life imprisonment in the institutional division of the Texas
Department of Criminal Justice. 

EFFECTIVE DATE

September 1, 2001.