By: Brady H.B. No. 1802 73R6313 GWK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the punishment and eligibility for parole of certain 1-3 habitual violent 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 by adding 1-6 Subsection (e) to read as follows: 1-7 (e) If it is shown on the trial of a felony offense under 1-8 Title 5 of this code that the defendant has previously been finally 1-9 convicted of two felony offenses under Title 5 of this code, and 1-10 the 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. 1-17 SECTION 2. Section 2, Article 37.071, Code of Criminal 1-18 Procedure, is amended by adding Subsection (i) to read as follows: 1-19 (i) If it is shown on the trial of a capital offense that 1-20 the defendant has been convicted of two felony offenses under Title 1-21 5, Penal Code, and the second previous felony conviction is for an 1-22 offense that occurred subsequent to the first previous conviction 1-23 having become final, the court shall make an affirmative finding of 1-24 that fact and enter the finding in the judgment in the case. 2-1 SECTION 3. Section 8(b)(2), Article 42.18, Code of Criminal 2-2 Procedure, is amended to read as follows: 2-3 (2) If a prisoner is serving a life sentence for a 2-4 capital felony, the prisoner is not eligible for release on parole 2-5 until the actual calendar time the prisoner has served, without 2-6 consideration of good conduct time, equals 35 calendar years, 2-7 unless the judgment for the offense contains an affirmative finding 2-8 under Section 2(i), Article 37.071 of this code, in which event the 2-9 prisoner is not eligible for release on parole. A prisoner serving 2-10 a life sentence imposed under Section 12.42(e), Penal Code, is not 2-11 eligible for release on parole. 2-12 SECTION 4. The change in law made by this Act applies only 2-13 on the trial of an offense committed on or after the effective date 2-14 of this Act. For the purposes of this section, an offense is 2-15 committed before the effective date of this Act if any element of 2-16 the offense occurs before the effective date. A defendant 2-17 convicted of an offense committed before the effective date of this 2-18 Act is covered by the law in effect when the offense was committed, 2-19 and the former law is continued in effect for that purpose. 2-20 SECTION 5. This Act takes effect September 1, 1993. 2-21 SECTION 6. The importance of this legislation and the 2-22 crowded condition of the calendars in both houses create an 2-23 emergency and an imperative public necessity that the 2-24 constitutional rule requiring bills to be read on three several 2-25 days in each house be suspended, and this rule is hereby suspended.