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.