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.