By: Hunter, B. H.B. No. 1401
73R4970 NSC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility of certain repeat offenders under the
1-3 Texas Controlled Substances Act for deferred adjudication or
1-4 release on probation, parole, or mandatory supervision.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 3g, Article 42.12, Code of Criminal
1-7 Procedure, is amended by amending Subsection (a) and by adding
1-8 Subsection (c) to read as follows:
1-9 (a) The provisions of Section 3 of this article do not
1-10 apply:
1-11 (1) to a defendant adjudged guilty of an offense
1-12 defined by the following sections of the Penal Code:
1-13 (A) Section 19.03 (Capital murder);
1-14 (B) Section 20.04 (Aggravated kidnapping);
1-15 (C) Section 22.021 (Aggravated sexual assault);
1-16 (D) Section 29.03 (Aggravated robbery); <or>
1-17 (2) to a defendant when it is shown that a deadly
1-18 weapon as defined in Section 1.07(a)(11), Penal Code, was used or
1-19 exhibited during the commission of a felony offense or during
1-20 immediate flight therefrom, and that the defendant used or
1-21 exhibited the deadly weapon or was a party to the offense and knew
1-22 that a deadly weapon would be used or exhibited. On an affirmative
1-23 finding under this subdivision, the trial court shall enter the
1-24 finding in the judgment of the court. On an affirmative finding
2-1 that the deadly weapon was a firearm, the court shall enter that
2-2 finding in its judgment; or
2-3 (3) to a defendant adjudged guilty of an offense
2-4 punishable as a felony or an aggravated offense under Section
2-5 481.112, 481.113, 481.114, 481.120, or 481.122, Health and Safety
2-6 Code, when it is shown that the defendant has been previously
2-7 convicted of an offense punishable as a felony or an aggravated
2-8 offense under Section 481.112, 481.113, 481.114, 481.115, 481.116,
2-9 481.117, 481.118, 481.120, 481.121, or 481.122, Health and Safety
2-10 Code.
2-11 (c) On an affirmative finding under Subsection (a)(3) of
2-12 this section, the court shall enter that finding in its judgment.
2-13 SECTION 2. Section 5(d), Article 42.12, Code of Criminal
2-14 Procedure, is amended to read as follows:
2-15 (d) This section does not apply to a defendant:
2-16 (1) charged with an offense under Subdivision (2),
2-17 Subsection (a), Section 19.05, Penal Code, an offense under
2-18 Sections 481.107(b) through (e), 481.122, or 481.126, Health and
2-19 Safety Code, an offense under Article 6701l-1, Revised Statutes, an
2-20 offense under Section 34, Chapter 173, Acts of the 47th
2-21 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
2-22 Civil Statutes), an offense under Section 32(c), Texas Motor
2-23 Vehicle Safety-Responsibility Act (Article 6701h, Vernon's Texas
2-24 Civil Statutes), or an offense under Section 10, Texas Commercial
2-25 Driver's License Act (Article 6687b-2, Revised Statutes); or
2-26 (2) charged with an offense punishable as a felony
2-27 under Section 481.112(b), 481.113(b), 481.114(b), or 481.120(b),
3-1 Health and Safety Code, if the defendant has been previously
3-2 convicted of an offense punishable as a felony or an aggravated
3-3 offense under Section 481.112, 481.113, 481.114, 481.115, 481.116,
3-4 481.117, 481.118, 481.120, 481.121, or 481.122, Health and Safety
3-5 Code.
3-6 SECTION 3. Section 8(b)(3), Article 42.18, Code of Criminal
3-7 Procedure, is amended to read as follows:
3-8 (3) If a prisoner is serving a sentence for the
3-9 offenses listed in Subdivision (1)(B), (C), or (D) of Section
3-10 3g(a), Article 42.12 of this code, or if the judgment contains an
3-11 affirmative finding under <Subdivision (2) of Subsection (a) of>
3-12 Section 3g(a)(2) or (3) of that article, he is not eligible for
3-13 release on parole until his actual calendar time served, without
3-14 consideration of good conduct time, equals one-fourth of the
3-15 maximum sentence or 15 calendar years, whichever is less, but in no
3-16 event shall he be eligible for release on parole in less than two
3-17 calendar years.
3-18 SECTION 4. Section 8(c), Article 42.18, Code of Criminal
3-19 Procedure, is amended to read as follows:
3-20 (c) Except as otherwise provided by this subsection, a
3-21 prisoner who is not on parole shall be released to mandatory
3-22 supervision by order of a parole panel when the calendar time he
3-23 has served plus any accrued good conduct time equal the maximum
3-24 term to which he was sentenced. A prisoner released to mandatory
3-25 supervision shall, upon release, be deemed as if released on
3-26 parole. To the extent practicable, arrangements for the prisoner's
3-27 proper employment, maintenance, and care shall be made prior to his
4-1 release to mandatory supervision. The period of mandatory
4-2 supervision shall be for a period equivalent to the maximum term
4-3 for which the prisoner was sentenced less calendar time actually
4-4 served on the sentence. The time served on mandatory supervision
4-5 is calculated as calendar time. Every prisoner while on mandatory
4-6 supervision shall remain in the legal custody of the state and
4-7 shall be amenable to conditions of supervision ordered by the
4-8 parole panel. A prisoner may not be released to mandatory
4-9 supervision if the prisoner is serving a sentence for an offense
4-10 and the judgment for the offense contains an affirmative finding
4-11 under <Subdivision (2), Subsection (a),> Section 3g(a)(2) or (3),
4-12 Article 42.12, of this code or if the prisoner is serving a
4-13 sentence for:
4-14 (1) a first degree felony under Section 19.02, Penal
4-15 Code (Murder);
4-16 (2) a capital felony under Section 19.03, Penal Code
4-17 (Capital Murder);
4-18 (3) a first degree felony or a second degree felony
4-19 under Section 20.04, Penal Code (Aggravated Kidnapping);
4-20 (4) a second degree felony under Section 22.011, Penal
4-21 Code (Sexual Assault);
4-22 (5) a second degree or third degree felony under
4-23 Section 22.02, Penal Code (Aggravated Assault);
4-24 (6) a first degree felony under Section 22.021, Penal
4-25 Code (Aggravated Sexual Assault);
4-26 (7) a first degree felony under Section 22.03, Penal
4-27 Code (Deadly Assault on Law Enforcement or Corrections Officer or
5-1 Court Participant);
5-2 (8) a first degree felony under Section 22.04, Penal
5-3 Code (Injury to a Child or an Elderly Individual);
5-4 (9) a first degree felony under Section 28.02, Penal
5-5 Code (Arson);
5-6 (10) a second degree felony under Section 29.02, Penal
5-7 Code (Robbery);
5-8 (11) a first degree felony under Section 29.03, Penal
5-9 Code (Aggravated Robbery); or
5-10 (12) a first degree felony under Section 30.02, Penal
5-11 Code (Burglary), if the offense is punished under Subsection (d)(2)
5-12 or (d)(3) of that section.
5-13 SECTION 5. (a) The change in law made by this Act applies
5-14 only to an offense committed on or after the effective date of this
5-15 Act. For purposes of this section, an offense is committed before
5-16 the effective date of this Act if any element of the offense occurs
5-17 before the effective date.
5-18 (b) An offense committed before the effective date of this
5-19 Act is covered by the law in effect when the offense was committed,
5-20 and the former law is continued in effect for this purpose.
5-21 SECTION 6. This Act takes effect September 1, 1993.
5-22 SECTION 7. The importance of this legislation and the
5-23 crowded condition of the calendars in both houses create an
5-24 emergency and an imperative public necessity that the
5-25 constitutional rule requiring bills to be read on three several
5-26 days in each house be suspended, and this rule is hereby suspended.