By CHRIS TOMLINSON
Associated Press

AUSTIN, Texas (AP) _ The Texas Legislature approved a mandatory sentence of life in prison with parole possible after 40 years for 17-year-olds who commit capital crimes.

Both the Senate and House passed the bill and it now goes to Gov. Rick Perry for his signature.
The Senate also approved a proposed constitutional amendment that would pump billions into road building from the state’s cash reserve fund. That fund is supported by oil and gas severance taxes. If approved by the House, the measure would go to voters statewide in November.

The juvenile justice bill, though, took up most of the time in both chambers, with Democrats calling for an overhaul of juvenile sentencing guidelines.
Seventeen-year-olds are considered adults in Texas, and the previous law mandated that those convicted of killing someone while committing a felony must spend their life in prison.

But the U.S. Supreme Court ruled that it was unconstitutional to sentence a minor to life in prison.
Sen. Jose Rodriguez, D-El Paso, said judges and juries should have more flexibility to consider individual circumstances.

“Juveniles offenders because of their brain development and other factors are different from other offenders,” he said. Rodriguez also expressed concerns about statistics that show racial disparities in how teenagers are charged and sentenced, with blacks and Hispanics receiving harsher penalties than whites for the same crimes.

Sen. Joan Huffman, R-Houston, said her bill meets the new constitutional requirements and be consistent with sentencing for 14-to-16-year-olds, who also receive a mandatory sentence of life with the possibility of parole in 40 years. She rejected allowing parole after only 25 years.

“In my eyes, 25 years would be too short of a sentence for someone who has committed a capital felony,” Huffman said.

In the House debate, Rep. Lois Kolkhorst, R-Brenham, sponsored the bill and said that while she considered including life without parole as a possibility in the bill, she decided ultimately she wanted to treat all juveniles the same.