By:  Jones, Jesse                                      H.B. No. 685
       73R3179 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the punishment and eligibility for parole of defendants
    1-3  convicted of habitual acts of sexual assault.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 22.011, Penal Code, is amended by
    1-6  amending Subsection (f) and adding Subsection (g) to read as
    1-7  follows:
    1-8        (f)  Except as provided by Subsection (g) of this section, an
    1-9  <An> offense under this section is a felony of the second degree.
   1-10        (g)  An offense under this section is punishable by
   1-11  imprisonment in the institutional division of the Texas Department
   1-12  of Criminal Justice for life if it is shown on the trial of the
   1-13  offense that the actor has previously been convicted:
   1-14              (1)  two or more times under this section;
   1-15              (2)  two or more times under Section 22.021 of this
   1-16  code; or
   1-17              (3)  at least one time under this section and at least
   1-18  one time under Section 22.021 of this code.
   1-19        SECTION 2.  Section 22.021, Penal Code, is amended by
   1-20  amending Subsection (e) and adding Subsection (f) to read as
   1-21  follows:
   1-22        (e)  Except as provided by Subsection (f) of this section, an
   1-23  <An> offense under this section is a felony of the first degree.
   1-24        (f)  An offense under this section is punishable by
    2-1  imprisonment in the institutional division of the Texas Department
    2-2  of Criminal Justice for life if it is shown on the trial of the
    2-3  offense that the actor has previously been convicted:
    2-4              (1)  two or more times under this section;
    2-5              (2)  two or more times under Section 22.011 of this
    2-6  code; or
    2-7              (3)  at least one time under this section and at least
    2-8  one time under Section 22.011 of this code.
    2-9        SECTION 3.  Section 8(b)(2), Article 42.18, Code of Criminal
   2-10  Procedure, is amended to read as follows:
   2-11              (2)  If a prisoner is serving a life sentence for a
   2-12  capital felony, the prisoner is not eligible for release on parole
   2-13  until the actual calendar time the prisoner has served, without
   2-14  consideration of good conduct time, equals 35 calendar years.  A
   2-15  prisoner serving a life sentence imposed under Section 22.011(g) or
   2-16  22.021(f), Penal Code, is not eligible for release on parole.
   2-17        SECTION 4.  The changes in law made by this Act apply only to
   2-18  a defendant convicted of an offense committed on or after the
   2-19  effective date of this Act.  For the purposes of this section, an
   2-20  offense is committed before the effective date of this Act if any
   2-21  element of the offense occurs before the effective date.  A
   2-22  defendant convicted of an offense committed before the effective
   2-23  date of this Act is covered by the law in effect when the offense
   2-24  was committed, and the former law is continued in effect for this
   2-25  purpose.
   2-26        SECTION 5.  This Act takes effect September 1, 1993.
   2-27        SECTION 6.  The importance of this legislation and the
    3-1  crowded condition of the calendars in both houses create an
    3-2  emergency and an imperative public necessity that the
    3-3  constitutional rule requiring bills to be read on three several
    3-4  days in each house be suspended, and this rule is hereby suspended.