By:  Eckels                                            H.B. No. 766
       73R432 NSC-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the punishment and sentencing of a defendant who uses a
    1-3  firearm during the commission of a felony or during immediate
    1-4  flight after the commission of the felony.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter D, Chapter 12, Penal Code, is amended
    1-7  by adding Section 12.48 to read as follows:
    1-8        Sec. 12.48.  PENALTY IF FIREARM IS USED.  (a)  The minimum
    1-9  term of imprisonment otherwise prescribed for a felony is increased
   1-10  by five years if it is shown on the trial of the offense that the
   1-11  defendant used a firearm during the commission of the offense or
   1-12  during immediate flight after the commission of the offense.
   1-13        (b)  This section does not apply to an offense under Section
   1-14  19.03 or Chapter 46 of this code.
   1-15        (c)  In this section, "firearm" has the meaning assigned by
   1-16  Section 46.01 of this code.
   1-17        SECTION 2.  Section 498.003, Government Code, is amended by
   1-18  amending Subsection (b) and by adding Subsection (f) to read as
   1-19  follows:
   1-20        (b)  Except as provided by Subsection (f), an <An> inmate
   1-21  accrues good conduct time according to the inmate's classification
   1-22  in amounts as follows:
   1-23              (1)  20 days for each 30 days actually served while the
   1-24  inmate is classified as a trusty, except that the director of the
    2-1  institutional division may award the inmate not more than 10 extra
    2-2  days for each 30 days actually served;
    2-3              (2)  20 days for each 30 days actually served while the
    2-4  inmate is classified as a Class I inmate; and
    2-5              (3)  10 days for each 30 days actually served while the
    2-6  inmate is classified as a Class II inmate.
    2-7        (f)  An inmate who is serving a sentence for which the
    2-8  minimum term of punishment was increased under Section 12.48, Penal
    2-9  Code, may not accrue more than one day of good conduct time for
   2-10  each five days of the sentence actually served.
   2-11        SECTION 3.  Section 499.027(b), Government Code, is amended
   2-12  to read as follows:
   2-13        (b)  An inmate is not eligible under this subchapter to be
   2-14  considered for release to intensive supervision parole if:
   2-15              (1)  the inmate is awaiting transfer to the
   2-16  institutional division, or serving a sentence, for an offense for
   2-17  which the judgment contains an affirmative finding under Section
   2-18  3g(a)(2), Article 42.12, Code of Criminal Procedure;
   2-19              (2)  the inmate is awaiting transfer to the
   2-20  institutional division, or serving a sentence, for an offense
   2-21  listed in one of the following sections of the following sections
   2-22  of the Penal Code:
   2-23                    (A)  Section 19.02 (murder);
   2-24                    (B)  Section 19.03 (capital murder);
   2-25                    (C)  Section 19.04 (voluntary manslaughter);
   2-26                    (D)  Section 20.03 (kidnapping);
   2-27                    (E)  Section 20.04 (aggravated kidnapping);
    3-1                    (F)  Section 21.11 (indecency with a child);
    3-2                    (G)  Section 22.011 (sexual assault);
    3-3                    (H)  Section 22.021 (aggravated sexual assault);
    3-4                    (I)  Section 22.03 (deadly assault on law
    3-5  enforcement or corrections officer or court participant);
    3-6                    (J)  Section 22.04 (injury to a child or an
    3-7  elderly individual);
    3-8                    (K)  Section 25.02 (incest);
    3-9                    (L)  Section 25.06 (solicitation of a child);
   3-10                    (M)  Section 25.11 (sale or purchase of a child);
   3-11                    (N)  Section 28.02 (arson);
   3-12                    (O)  Section 29.02 (robbery);
   3-13                    (P)  Section 29.03 (aggravated robbery);
   3-14                    (Q)  Section 30.02 (burglary), if the offense is
   3-15  punished as a first-degree felony under that section;
   3-16                    (R)  Section 43.04 (aggravated promotion of
   3-17  prostitution);
   3-18                    (S)  Section 43.05 (compelling prostitution);
   3-19                    (T)  Section 43.24 (sale, distribution, or
   3-20  display of harmful material to minor);
   3-21                    (U)  Section 43.25 (sexual performance by a
   3-22  child);
   3-23                    (V)  Section 46.11 (deadly weapon in penal
   3-24  institution);
   3-25                    (W)  Section 15.01 (criminal attempt), if the
   3-26  offense attempted is listed in this subsection;
   3-27                    (X)  Section 15.02 (criminal conspiracy), if the
    4-1  offense that is the subject of the conspiracy is listed in this
    4-2  subsection; or
    4-3                    (Y)  Section 15.03 (criminal solicitation), if
    4-4  the offense solicited is listed in this subsection; <or>
    4-5              (3)  the inmate is awaiting transfer to the
    4-6  institutional division, or serving a sentence, for an offense
    4-7  listed in one of the following sections of Chapter 481, Health and
    4-8  Safety Code:
    4-9                    (A)  Section 481.112(c), 481.113(c), or
   4-10  481.114(c) (aggravated manufacture or delivery of a controlled
   4-11  substance);
   4-12                    (B)  Section 481.115(c), 481.116(c), 481.117(c),
   4-13  or 481.118(c) (aggravated possession of a controlled substance);
   4-14                    (C)  Section 481.120 (delivery of marihuana) if
   4-15  the offense is punished under Subsection (b)(5) of that section;
   4-16                    (D)  Section 481.120(c) (aggravated delivery of
   4-17  marihuana); or
   4-18                    (E)  Section 481.121(c) (aggravated possession of
   4-19  marihuana); or
   4-20              (4)  the inmate is awaiting transfer to the
   4-21  institutional division, or serving a sentence, for an offense for
   4-22  which the punishment was increased under Section 12.48, Penal Code.
   4-23        SECTION 4.  Article 26.13, Code of Criminal Procedure, is
   4-24  amended by adding Subsection (g) to read as follows:
   4-25        (g)  Before accepting a plea of guilty or nolo contendere for
   4-26  an offense other than an offense under Chapter 46, Penal Code, the
   4-27  court shall inquire as to whether a firearm was used during the
    5-1  commission of the offense.  If a firearm was used during the
    5-2  commission of the offense, the court may reject the plea if the
    5-3  court determines that the punishment recommended by the attorney
    5-4  representing the state does not include increased punishment for
    5-5  use of the firearm as provided by Section 12.48, Penal Code.  If a
    5-6  firearm was not used during the commission of the offense, the
    5-7  attorney representing the state shall file with the court a sworn
    5-8  statement that the defendant did not use a firearm during the
    5-9  commission of an offense with which the defendant is charged under
   5-10  an indictment or information.
   5-11        SECTION 5.  (a)  The change in law made by this Act applies
   5-12  only to an offense committed on or after the effective date of this
   5-13  Act.  For purposes of this section, an offense is committed before
   5-14  the effective date of this Act if any element of the offense occurs
   5-15  before the effective date.
   5-16        (b)  An offense committed before the effective date of this
   5-17  Act is covered by the law in effect when the offense was committed,
   5-18  and the former law is continued in effect for this purpose.
   5-19        SECTION 6.  This Act takes effect September 1, 1993.
   5-20        SECTION 7.  The importance of this legislation and the
   5-21  crowded condition of the calendars in both houses create an
   5-22  emergency   and   an   imperative   public   necessity   that   the
   5-23  constitutional rule requiring bills to be read on three several
   5-24  days in each house be suspended, and this rule is hereby suspended.