Focus Report, Volume 87, Number 5, January 10, 2022 Page: PAGE5
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* Earlier parole review for some offenses
committed when younger than 17, 18
HB 686 by Moody (Lucio)Digest
HB 686 would have reduced the minimum prison
terms that had to be served before certain individuals who
committed certain serious crimes when they were younger
than 18 years old or younger than 17 years old could have
been considered for release on parole, and it would have
required certain factors to be considered when determining
whether to release such an inmate on parole. The bill
would have applied to any inmate confined in a Texas
Department of Criminal Justice facility on or after the
bill's effective date, regardless of when an offense occurred.
Governor's reason for veto
"The author of House Bill 686 is to be commended
for aiming to provide opportunities for the young offender
population. The bill, which addresses parole eligibility for
juvenile offenders, admirably recognizes the potential for
change and encourages rehabilitation and productiveness
in the young offender population. As written, though, the
bill's language conflicts with jury instructions required
by the Texas Code of Criminal Procedure, which would
result in confusion and needless, disruptive litigation.
And the bill would cause disparate results in parole
eligibility for juvenile offenders by failing to account for
all circumstances in Texas Code of Criminal Procedure
42A.054. Further changes to address these issues will
allow for meaningful reform on this important matter,
and I look forward to working with the House author to
accomplish that goal."
Response
Rep. Joe Moody, the bill's author, said: "Gov. Abbott
has identified a very specific technical issue with this bill
while signaling support for the concept, so I look forward
to working with him to resolve that and getting this
important legislation passed as quickly as possible for the
thousands of Texas families waiting on a Second Look."Sen. Eddie Lucio, Jr., the Senate sponsor, said:
"HB 686, the Second Look bill, would have provided an
earlier opportunity for certain juvenile offenders to prove
their rehabilitation to a parole board. In the course of
working on this bill, I met with several family members
of incarcerated individuals who had turned away from
their past and improved their lives while in prison through
education and peer mentoring opportunities. The bill
recognizes that the worst actions of juvenile offenders do
not define them for life, and is consistent with a Christian
understanding of mercy.
"In his veto message, the governor expressed support
for the bill in concept, and identified areas where
additional work may be needed, including modifying jury
instructions to match the parole timelines in the bill. I
welcome the opportunity to address these concerns as soon
as possible, for the good of hundreds of juvenile offenders
and their families whose hopes were raised by the initial
success of this bill."
Notes
The HRO analysis of HB 686 appeared in the April 7
Daily Floor Report.Page 5
House Research Organization
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Texas. Legislature. House of Representatives. Research Organization. Focus Report, Volume 87, Number 5, January 10, 2022, periodical, January 10, 2022; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1543870/m1/5/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.