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.