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AN ACT
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relating to the imposition of a sentence of life without parole on |
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certain defendants who commit certain sexual offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5(d), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(d) In all other cases the judge may grant deferred |
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adjudication unless: |
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(1) the defendant is charged with an offense: |
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(A) under Sections 49.04-49.08, Penal Code; or |
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(B) for which punishment may be increased under |
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Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it |
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is shown that the defendant has been previously convicted of an |
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offense for which punishment was increased under any one of those |
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subsections; |
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(2) the defendant: |
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(A) is charged with an offense under Section |
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21.11, 22.011, or 22.021, Penal Code, regardless of the age of the |
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victim, or a felony described by Section 13B(b) of this article; and |
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(B) has previously been placed on community |
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supervision for any offense under Paragraph (A) of this |
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subdivision; or |
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(3) the defendant is charged with an offense under: |
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(A) Section 21.02, Penal Code; or |
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(B) Section 22.021, Penal Code, that is |
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punishable under Subsection (f) of that section or under Section |
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12.42(c)(3) or (4), Penal Code. |
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SECTION 2. Section 508.145(d), Government Code, is amended |
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to read as follows: |
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(d)(1) An inmate serving a sentence for an offense described |
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by Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), (I), (J), or |
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(K), Article 42.12, Code of Criminal Procedure, or for an offense |
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for which the judgment contains an affirmative finding under |
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Section 3g(a)(2) of that article, is not eligible for release on |
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parole until the inmate's actual calendar time served, without |
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consideration of good conduct time, equals one-half of the sentence |
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or 30 calendar years, whichever is less, but in no event is the |
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inmate eligible for release on parole in less than two calendar |
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years. |
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(2) Notwithstanding Subdivision (1), an inmate |
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serving a sentence for an offense described by Section 3g(a)(1)(E), |
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Article 42.12, Code of Criminal Procedure, is not eligible for |
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release on parole if the inmate is serving a sentence for an offense |
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for which punishment was enhanced under Section 12.42(c)(4), Penal |
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Code. |
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SECTION 3. Sections 12.42(b) and (d), Penal Code, are |
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amended to read as follows: |
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(b) Except as provided by Subsection (c)(2) or (c)(4), if it |
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is shown on the trial of a second-degree felony that the defendant |
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has been once before convicted of a felony, on conviction he shall |
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be punished for a first-degree felony. |
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(d) Except as provided by Subsection (c)(2) or (c)(4), if it |
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is shown on the trial of a felony offense other than a state jail |
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felony punishable under Section 12.35(a) that the defendant has |
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previously been finally convicted of two felony offenses, and the |
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second previous felony conviction is for an offense that occurred |
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subsequent to the first previous conviction having become final, on |
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conviction he shall be punished by imprisonment in the Texas |
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Department of Criminal Justice for life, or for any term of not more |
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than 99 years or less than 25 years. |
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SECTION 4. Section 12.42(c)(4), Penal Code, is amended to |
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read as follows: |
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(4) Notwithstanding Subdivision (1) or (2), a |
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defendant shall be punished by imprisonment in the Texas Department |
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of Criminal Justice for life without parole if it is shown on the |
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trial of an offense under Section 21.02 or 22.021 that the defendant |
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has previously been finally convicted of: |
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(A) an offense under Section 21.02 or 22.021; or |
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(B) an offense that was committed under the laws |
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of another state and that contains elements that are substantially |
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similar to the elements of an offense under Section 21.02 or 22.021. |
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SECTION 5. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 6. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3 was passed by the House on April 21, |
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2011, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3 on May 26, 2011, by the following vote: Yeas 140, Nays 2, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3 was passed by the Senate, with |
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amendments, on May 24, 2011, by the following vote: Yeas 30, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |