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.