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.