By: Krusee H.B. No. 1404 73R5591 GWK-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the punishment and eligibility for parole of a repeat 1-3 and habitual violent offender. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 12.42, Penal Code, is amended by adding 1-6 Subsection (e) to read as follows: 1-7 (e) If it is shown on the trial of a felony offense listed 1-8 in this subsection that the defendant has previously been finally 1-9 convicted of two felony offenses listed in this subsection, and the 1-10 second previous conviction is for an offense that occurred 1-11 subsequent to the first previous conviction having become final, on 1-12 conviction the defendant shall be punished by confinement in the 1-13 institutional division of the Texas Department of Criminal Justice 1-14 for life, unless the instant offense is a capital offense, in which 1-15 event the defendant shall be punished by confinement for life or by 1-16 death. This subsection applies to offenses under the following 1-17 sections of the Penal Code: 1-18 (1) Section 19.02; 1-19 (2) Section 19.03; 1-20 (3) Section 20.04; 1-21 (4) Section 22.02; 1-22 (5) Section 22.021; 1-23 (6) Section 22.03; 1-24 (7) Section 22.04; and 2-1 (8) Section 29.03. 2-2 SECTION 2. Section 2, Article 37.071, Code of Criminal 2-3 Procedure, is amended by adding Subsection (i) to read as follows: 2-4 (i) If it is shown on the trial of a capital offense that 2-5 the defendant has been convicted of two felony offenses listed in 2-6 Section 12.42(e), Penal Code, and the second previous felony 2-7 conviction is for an offense that occurred subsequent to the first 2-8 previous conviction having become final, the court shall make an 2-9 affirmative finding of that fact and enter the finding in the 2-10 judgment in the case. 2-11 SECTION 3. Section 8(b)(2), Article 42.18, Code of Criminal 2-12 Procedure, is amended to read as follows: 2-13 (2) If a prisoner is serving a life sentence for a 2-14 capital felony, the prisoner is not eligible for release on parole 2-15 until the actual calendar time the prisoner has served, without 2-16 consideration of good conduct time, equals 35 calendar years, 2-17 unless the judgment for the offense contains an affirmative finding 2-18 under Section 2(i), Article 37.071 of this code, in which event the 2-19 prisoner is not eligible for release on parole. A prisoner serving 2-20 a life sentence imposed under Section 12.42(e), Penal Code, is not 2-21 eligible for release on parole. 2-22 SECTION 4. The change in law made by this Act applies only 2-23 on the trial of an offense committed on or after the effective date 2-24 of this Act. For the purposes of this section, an offense is 2-25 committed before the effective date of this Act if any element of 2-26 the offense occurs before the effective date. A defendant 2-27 convicted of an offense committed before the effective date of this 3-1 Act is covered by the law in effect when the offense was committed, 3-2 and the former law is continued in effect for that purpose. 3-3 SECTION 5. This Act takes effect September 1, 1993. 3-4 SECTION 6. The importance of this legislation and the 3-5 crowded condition of the calendars in both houses create an 3-6 emergency and an imperative public necessity that the 3-7 constitutional rule requiring bills to be read on three several 3-8 days in each house be suspended, and this rule is hereby suspended.