By:  Brady                                            H.B. No. 1807
       73R1521 CLG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the eligibility for probation or parole of defendants
    1-3  convicted of murder.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 3g(a), Article 42.12, Code of Criminal
    1-6  Procedure, is amended to read as follows:
    1-7        (a)  The provisions of Section 3 of this article do not
    1-8  apply:
    1-9              (1)  to a defendant adjudged guilty of an offense
   1-10  defined by the following sections of the Penal Code:
   1-11                    (A)  Section 19.02 (Murder);
   1-12                    (B)  Section 19.03 (Capital murder);
   1-13                    (C) <(B)>  Section 20.04 (Aggravated kidnapping);
   1-14                    (D) <(C)>  Section 22.021 (Aggravated sexual
   1-15  assault);
   1-16                    (E) <(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.
    2-3        SECTION 2.  (a)  The change in law made by this Act applies
    2-4  only to a defendant sentenced for an offense committed on or after
    2-5  the effective date of this Act.  For purposes of this section, an
    2-6  offense is committed before the effective date of this Act if any
    2-7  element of the offense occurs before the effective date.
    2-8        (b)  The eligibility for probation or parole of a defendant
    2-9  sentenced for an offense committed before the effective date of
   2-10  this Act is covered by the law in effect when the offense was
   2-11  committed, and the former law is continued in effect for this
   2-12  purpose.
   2-13        SECTION 3.  This Act takes effect September 1, 1993.
   2-14        SECTION 4.  The importance of this legislation and the
   2-15  crowded condition of the calendars in both houses create an
   2-16  emergency   and   an   imperative   public   necessity   that   the
   2-17  constitutional rule requiring bills to be read on three several
   2-18  days in each house be suspended, and this rule is hereby suspended.