By: Nelson S.B. No. 718
73R5927 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for certain offenses involving violence
1-3 or controlled substances and to the eligibility for release on
1-4 parole of prisoners serving sentences for those offenses.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 19.02(b), Penal Code, is amended to read
1-7 as follows:
1-8 (b) An offense under this section is punishable by
1-9 imprisonment in the institutional division of the Texas Department
1-10 of Criminal Justice for life <a felony of the first degree>.
1-11 SECTION 2. Section 22.021(e), Penal Code, is amended to read
1-12 as follows:
1-13 (e) An offense under this section is punishable by
1-14 imprisonment in the institutional division of the Texas Department
1-15 of Criminal Justice for life <a felony of the first degree>.
1-16 SECTION 3. Section 481.112(d), Health and Safety Code, is
1-17 amended to read as follows:
1-18 (d) An offense under Subsection (c) is:
1-19 (1) punishable by confinement in the institutional
1-20 division of the Texas Department of Criminal Justice <Corrections>
1-21 for life or for a term of not more than 99 years or less than 5
1-22 years, and a fine not to exceed $50,000, if the amount of the
1-23 controlled substance to which the offense applies is, by aggregate
1-24 weight, including adulterants or dilutants, 28 grams or more but
2-1 less than 200 grams;
2-2 (2) punishable by confinement in the institutional
2-3 division of the Texas Department of Criminal Justice <Corrections>
2-4 for life or for a term of not more than 99 years or less than 10
2-5 years, and a fine not to exceed $100,000, if the amount of the
2-6 controlled substance to which the offense applies is, by aggregate
2-7 weight, including adulterants or dilutants, 200 grams or more but
2-8 less than 400 grams; and
2-9 (3) punishable by confinement in the institutional
2-10 division of the Texas Department of Criminal Justice <Corrections>
2-11 for life <or for a term of not more than 99 years or less than 15
2-12 years,> and a fine not to exceed $250,000, if the amount of the
2-13 controlled substance to which the offense applies is, by aggregate
2-14 weight, including adulterants or dilutants, 400 grams or more.
2-15 SECTION 4. Section 481.120(d), Health and Safety Code, is
2-16 amended to read as follows:
2-17 (d) An offense under Subsection (c) is:
2-18 (1) punishable by confinement in the institutional
2-19 division of the Texas Department of Criminal Justice <Corrections>
2-20 for life or for a term of not more than 99 years or less than 5
2-21 years, and a fine not to exceed $50,000, if the amount of marihuana
2-22 delivered is 200 pounds or less but more than 50 pounds;
2-23 (2) punishable by confinement in the institutional
2-24 division of the Texas Department of Criminal Justice <Corrections>
2-25 for life or for a term of not more than 99 years or less than 10
2-26 years, and a fine not to exceed $100,000, if the amount of
2-27 marihuana delivered is 2,000 pounds or less but more than 200
3-1 pounds; and
3-2 (3) punishable by confinement in the institutional
3-3 division of the Texas Department of Criminal Justice <Corrections>
3-4 for life <or for a term of not more than 99 years or less than 15
3-5 years,> and a fine not to exceed $250,000, if the amount of
3-6 marihuana delivered is more than 2,000 pounds.
3-7 SECTION 5. Section 481.121(d), Health and Safety Code, is
3-8 amended to read as follows:
3-9 (d) An offense under Subsection (c) is:
3-10 (1) punishable by confinement in the institutional
3-11 division of the Texas Department of Criminal Justice <Corrections>
3-12 for life or for a term of not more than 99 years or less than 5
3-13 years, and a fine not to exceed $50,000, if the amount of marihuana
3-14 possessed is 200 pounds or less but more than 50 pounds;
3-15 (2) punishable by confinement in the institutional
3-16 division of the Texas Department of Criminal Justice <Corrections>
3-17 for life or for a term of not more than 99 years or less than 10
3-18 years, and a fine not to exceed $100,000, if the amount of
3-19 marihuana possessed is 2,000 pounds or less but more than 200
3-20 pounds; and
3-21 (3) punishable by confinement in the institutional
3-22 division of the Texas Department of Criminal Justice <Corrections>
3-23 for life <or for a term of not more than 99 years or less than 15
3-24 years,> and a fine not to exceed $250,000, if the amount of
3-25 marihuana possessed is more than 2,000 pounds.
3-26 SECTION 6. Section 481.126(b), Health and Safety Code, is
3-27 amended to read as follows:
4-1 (b) An offense under this section is punishable by
4-2 confinement in the institutional division of the Texas Department
4-3 of Criminal Justice <Corrections> for life <or for a term of not
4-4 more than 99 years or less than 5 years,> and a fine of not more
4-5 than $1,000,000 or less than $50,000.
4-6 SECTION 7. Section 8(b)(2), Article 42.18, Code of Criminal
4-7 Procedure, is amended to read as follows:
4-8 (2) A <If a> prisoner <is> serving a life sentence for
4-9 a capital felony, an offense under Section 19.02 or 22.021, Penal
4-10 Code, or an offense punishable under Section 481.112(d)(3),
4-11 481.120(d)(3), 481.121(d)(3), or 481.126(b), Health and Safety
4-12 Code, <the prisoner> is not eligible for <release on> parole <until
4-13 the actual calendar time the prisoner has served, without
4-14 consideration of good conduct time, equals 35 calendar years>.
4-15 SECTION 8. The changes in law made by this Act apply only to
4-16 a defendant convicted of an offense committed on or after the
4-17 effective date of this Act. For the purposes of this section, an
4-18 offense is committed before the effective date of this Act if any
4-19 element of the offense occurs before the effective date. A
4-20 defendant convicted of an offense committed before the effective
4-21 date of this Act is covered by the law in effect when the offense
4-22 was committed, and the former law is continued in effect for that
4-23 purpose.
4-24 SECTION 9. This Act takes effect September 1, 1993.
4-25 SECTION 10. The importance of this legislation and the
4-26 crowded condition of the calendars in both houses create an
4-27 emergency and an imperative public necessity that the
5-1 constitutional rule requiring bills to be read on three several
5-2 days in each house be suspended, and this rule is hereby suspended.