HBA-EDN H.B. 321 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 321
By: Tillery
Criminal Jurisprudence
4/12/2001
Introduced



BACKGROUND AND PURPOSE 

Although many states offer life without parole as a sentencing option,
Texas does not have a true life without parole sentencing option because an
offender sentenced to life in this state can actually be released on parole
after 40 years.  Many people believe that the high number of executions in
Texas is because jurors feel compelled to ensure public safety.  The jurors
want an assurance that an inmate will not be paroled, and a death sentence
is currently the only permanent sentencing option which guarantees that a
violent offender will not be released into society.  House Bill 321 creates
a life without parole sentencing option for the offenses of murder, sexual
assault, and aggravated sexual assault and removes the 40 year minimum on a
life sentence.  

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 321 amends the Penal Code to provide that an offense of murder,
sexual assault, or aggravated sexual assault is punishable by imprisonment
for life.   

The bill also amends the Government Code to provide that an inmate serving
a life sentence for a capital felony is not eligible for parole.  An inmate
serving a life sentence is also not eligible for parole if the inmate is
convicted of sexual assault, aggravated sexual assault, aggravated
kidnaping with the intent to violate or abuse the victim sexually, or
burglary of a habitation with the intent to commit certain sexual offenses,
and has been previously convicted of other specified sexual offenses. The
bill also provides that an inmate serving a sentence for an offense of
murder, sexual assault, or aggravated sexual assault is not eligible for
release on parole.   

EFFECTIVE DATE

September 1, 2001.