By: Smith, Ashely H.B. No. 1542
73R6104 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for certain repeat criminal offenders
1-3 and to the parole eligibility of those offenders.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 12.42, Penal Code, is amended to read as
1-6 follows:
1-7 Sec. 12.42. PENALTIES FOR REPEAT AND HABITUAL FELONY
1-8 OFFENDERS. (a) If it be shown on the trial of a third-degree
1-9 felony that the defendant has been once before convicted of any
1-10 felony, on conviction he shall be punished for a second-degree
1-11 felony.
1-12 (b) If it be shown on the trial of a third-degree felony
1-13 that the defendant has been before convicted of two or more felony
1-14 offenses but less than five felony offenses, on conviction he shall
1-15 be punished for a first-degree felony.
1-16 (c) If it be shown on the trial of a third-degree felony
1-17 that the defendant has been before convicted of five or more felony
1-18 offenses, on conviction he shall be punished by confinement in the
1-19 institutional division of the Texas Department of Criminal Justice
1-20 for life or for any term of not more than 99 years or less than 20
1-21 years. In addition to imprisonment, an individual may be punished
1-22 by a fine not to exceed $10,000.
1-23 (d) If it be shown on the trial of a second-degree felony
1-24 that the defendant has been once before convicted of any felony, on
2-1 conviction he shall be punished for a first-degree felony.
2-2 (e) If it be shown on the trial of a second-degree felony
2-3 that the defendant has been before convicted of two or more felony
2-4 offenses but less than five felony offenses, on conviction he shall
2-5 be punished by confinement in the institutional division of the
2-6 Texas Department of Criminal Justice for life or for any term of
2-7 not more than 99 years or less than 10 years. In addition to
2-8 imprisonment, an individual may be punished by a fine not to exceed
2-9 $10,000.
2-10 (f) If it be shown on the trial of a second-degree felony
2-11 that the defendant has been before convicted of five or more felony
2-12 offenses, on conviction he shall be punished by confinement in the
2-13 institutional division of the Texas Department of Criminal Justice
2-14 for life or for any term of not more than 99 years or less than 25
2-15 years. In addition to imprisonment, an individual may be punished
2-16 by a fine not to exceed $10,000.
2-17 (g) If it be shown on the trial of a first-degree felony
2-18 other than attempted capital murder, murder, aggravated robbery,
2-19 aggravated kidnapping, or aggravated sexual assault that the
2-20 defendant has been once before convicted of any felony, on
2-21 conviction he shall be punished by confinement in the institutional
2-22 division of the Texas Department of Criminal Justice for life or
2-23 for any term of not more than 99 years or less than 10 years. In
2-24 addition to imprisonment, an individual may be punished by a fine
2-25 not to exceed $10,000.
2-26 (h) If it be shown on the trial of a first-degree felony of
2-27 attempted capital murder, murder, aggravated robbery, aggravated
3-1 kidnapping, or aggravated sexual assault that the defendant has
3-2 been once before convicted of any felony, on conviction he shall be
3-3 punished by confinement in the institutional division of the Texas
3-4 Department of Criminal Justice for life or for any term of not more
3-5 than 99 years or less than 20 years. In addition to imprisonment,
3-6 an individual may be punished by a fine not to exceed $10,000.
3-7 (i) If it be shown on the trial of a first-degree felony of
3-8 attempted capital murder, murder, aggravated robbery, aggravated
3-9 kidnapping, or aggravated sexual assault that the defendant has
3-10 been once before convicted of a felony and that the felony was
3-11 attempted capital murder, murder, aggravated robbery, aggravated
3-12 kidnapping, or aggravated sexual assault, on conviction he shall be
3-13 punished by confinement in the institutional division of the Texas
3-14 Department of Criminal Justice for life or for any term of not more
3-15 than 99 years or less than 30 years. In addition to imprisonment,
3-16 an individual may be punished by a fine not to exceed $10,000.
3-17 (j) If it be shown on the trial of a first-degree felony
3-18 other than attempted capital murder, murder, aggravated robbery,
3-19 aggravated kidnapping, or aggravated sexual assault that the
3-20 defendant has been before convicted of two or more felony offenses
3-21 but less than five felony offenses, on conviction he shall be
3-22 punished by confinement in the institutional division of the Texas
3-23 Department of Criminal Justice for life or for any term of not more
3-24 than 99 years or less than 20 years. In addition to imprisonment,
3-25 an individual may be punished by a fine not to exceed $10,000.
3-26 (k) If it be shown on the trial of a first-degree felony
3-27 other than attempted capital murder, murder, aggravated robbery,
4-1 aggravated kidnapping, or aggravated sexual assault that the
4-2 defendant has been before convicted of five or more felony
4-3 offenses, on conviction he shall be punished by confinement in the
4-4 institutional division of the Texas Department of Criminal Justice
4-5 for life or for any term of not more than 99 years or less than 35
4-6 years. In addition to imprisonment, an individual may be punished
4-7 by a fine not to exceed $10,000.
4-8 (l) If it be shown on the trial of a first-degree felony of
4-9 attempted capital murder, murder, aggravated robbery, aggravated
4-10 kidnapping, or aggravated sexual assault that the defendant has
4-11 been before convicted of two or more felony offenses but less than
4-12 five felony offenses and that none of the prior felony convictions
4-13 was for attempted capital murder, murder, aggravated robbery,
4-14 aggravated kidnapping, or aggravated sexual assault, on conviction
4-15 he shall be punished by confinement in the institutional division
4-16 of the Texas Department of Criminal Justice for life or for any
4-17 term of not more than 99 years or less than 30 years. In addition
4-18 to imprisonment, an individual may be punished by a fine not to
4-19 exceed $10,000.
4-20 (m) If it be shown on the trial of a first-degree felony of
4-21 attempted capital murder, murder, aggravated robbery, aggravated
4-22 kidnapping, or aggravated sexual assault that the defendant has
4-23 been before convicted of five or more felony offenses and none of
4-24 the prior felony convictions was for attempted capital murder,
4-25 murder, aggravated robbery, aggravated kidnapping, or aggravated
4-26 sexual assault, on conviction he shall be punished by confinement
4-27 in the institutional division of the Texas Department of Criminal
5-1 Justice for life or for any term of not more than 99 years or less
5-2 than 45 years. In addition to imprisonment, an individual may be
5-3 punished by a fine not to exceed $10,000.
5-4 (n) If it be shown on the trial of a first-degree felony of
5-5 attempted capital murder, murder, aggravated robbery, aggravated
5-6 kidnapping, or aggravated sexual assault that the defendant has
5-7 been twice before convicted of a felony and that each of the prior
5-8 convictions was for attempted capital murder, murder, aggravated
5-9 robbery, aggravated kidnapping, or aggravated sexual assault, on
5-10 conviction he shall be punished by confinement in the institutional
5-11 division of the Texas Department of Criminal Justice for life. In
5-12 addition to imprisonment, an individual may be punished by a fine
5-13 not to exceed $10,000.
5-14 (o) In this section, a defendant is considered to have been
5-15 convicted in a case if:
5-16 (1) sentence is imposed;
5-17 (2) the defendant receives probation; or
5-18 (3) the defendant receives deferred adjudication, but
5-19 only if the defendant is charged with attempted capital murder,
5-20 murder, aggravated robbery, aggravated kidnapping, or aggravated
5-21 sexual assault <If it be shown on the trial of a second-degree
5-22 felony that the defendant has been once before convicted of any
5-23 felony, on conviction he shall be punished for a first-degree
5-24 felony.>
5-25 <(c) If it be shown on the trial of a first-degree felony
5-26 that the defendant has been once before convicted of any felony, on
5-27 conviction he shall be punished by confinement in the Texas
6-1 Department of Corrections for life, or for any term of not more
6-2 than 99 years or less than 15 years. In addition to imprisonment,
6-3 an individual may be punished by a fine not to exceed $10,000.>
6-4 <(d) If it be shown on the trial of any felony offense that
6-5 the defendant has previously been finally convicted of two felony
6-6 offenses, and the second previous felony conviction is for an
6-7 offense that occurred subsequent to the first previous conviction
6-8 having become final, on conviction he shall be punished by
6-9 confinement in the Texas Department of Corrections for life, or for
6-10 any term of not more than 99 years or less than 25 years>.
6-11 SECTION 2. Section 8(b), Article 42.18, Code of Criminal
6-12 Procedure, is amended to read as follows:
6-13 (b)(1) A prisoner under sentence of death is not eligible
6-14 for parole. If a prisoner is serving a sentence for which
6-15 punishment is enhanced under Section 12.42(c), (f), (i), (k), (m),
6-16 or (n), Penal Code, the prisoner is not eligible for release on
6-17 parole.
6-18 (2) If a prisoner is serving a life sentence for a
6-19 capital felony, the prisoner is not eligible for release on parole
6-20 until the actual calendar time the prisoner has served, without
6-21 consideration of good conduct time, equals 35 calendar years.
6-22 (3) If a prisoner is serving a sentence for an offense
6-23 and <the offenses listed in Subdivision (1)(B), (C), or (D) of
6-24 Section 3g(a), Article 42.12 of this code, or if> the judgment
6-25 contains an affirmative finding under Section 3g(a)(2), Article
6-26 42.12 of this code, the prisoner <Subdivision (2) of Subsection (a)
6-27 of Section 3g of that article, he> is not eligible for release on
7-1 parole until his actual calendar time served, without consideration
7-2 of good conduct time, equals one-fourth of the maximum sentence or
7-3 15 calendar years, whichever is less, but in no event shall he be
7-4 eligible for release on parole in less than two calendar years.
7-5 (4) Except as provided by Subsection (m) of this
7-6 section, all other prisoners shall be eligible for release on
7-7 parole when their calendar time served plus good conduct time
7-8 equals one-fourth of the maximum sentence imposed or 15 years,
7-9 whichever is less.
7-10 SECTION 3. (a) The change in law made by this Act applies
7-11 only to an offense committed on or after the effective date of this
7-12 Act. For purposes of this section, an offense is committed before
7-13 the effective date of this Act if any element of the offense occurs
7-14 before the effective date.
7-15 (b) An offense committed before the effective date of this
7-16 Act is covered by the law in effect when the offense was committed,
7-17 and the former law is continued in effect for this purpose.
7-18 SECTION 4. This Act takes effect September 1, 1993.
7-19 SECTION 5. The importance of this legislation and the
7-20 crowded condition of the calendars in both houses create an
7-21 emergency and an imperative public necessity that the
7-22 constitutional rule requiring bills to be read on three several
7-23 days in each house be suspended, and this rule is hereby suspended.