BILL ANALYSIS



C.S.H.B. 594
By: Greenberg
4-12-95
Committee Report (Substituted)


BACKGROUND

According to numbers collected by the Criminal Justice Policy
Council, the average time served in prison by offenders convicted
of sexual assault of a child ranges from 6.7 to 10.3 years.  The
average sentence for sexual assault against an adult ranges from 13
to 17.4 years.

PURPOSE

If enacted, C.S.H.B. 594 would make sexual assault against a child
a "3g" offense on first conviction and sexual assault against an
adult a 3g offense on second conviction of a sex crime.  Punishment
for a 3g offense requires that one half of the sentence, or thirty
years, be served, whichever is less.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 3g(a), Article 42.12, Code of Criminal
Procedure (COMMUNITY SUPERVISION), by adding Subsections
3g(a)(1)(G) and (a)(1)(H) as follows:

     (G) makes provisions of Section 3 (JUDGE ORDERED COMMUNITY
     SUPERVISION) inapplicable to defendants found guilty of an
     offense under Section 22.011(a)(2) (SEXUAL ASSAULT).

     (H) makes provisions of Section 3 inapplicable to defendants
     found guilty of an offense under Section 22.011(a)(1) when
     previously convicted of an offense under Sections 21.11(1)(1),
     22.011, or 22.021, Penal Code.

SECTION 2.  Amends Section 8(b)(3), Article 42.18, Code of Criminal
Procedure (ADULT PAROLE AND MANDATORY SUPERVISION LAW), as follows: 
makes ineligible for parole offenders convicted of offenses under
Section 3g(a), Code of Criminal Procedure, until half of their
sentences (in calendar time) or thirty years is served, whichever
is less.

SECTION 3.

     (a) Change in law made by this Act applies only to offenses
     committed on or after the effective date of this Act.

     (b) Makes effect of this Act prospective.

SECTION 4.  Effective date:  September 1, 1995.

SECTION 5.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTIONS 1, 2, and 3 (amending Sections 21.11(c), 22.011(f), and
22.021(e), Penal Code) of original are deleted.

SECTION 4 of original is renumbered.

SECTION 5 of original (amending Section 8(b)(1), Article 42.18,
Code of Criminal Procedure) is deleted.

SECTION 6 of original is renumbered and adds Subsection (H) that
lists more offenses ineligible for provisions.

SECTION 7 of original (amending Section 15(b), Article 42.18, Code
of Criminal Procedure) is deleted.

SECTIONS 8, 9, and 10 are renumbered.

SUMMARY OF COMMITTEE ACTION

HB 594 was considered by the full committee in a public hearing on
April 10, 1995.  
The following person testified in favor of the bill:

     Frances J. Ellison, representing herself; and
     Laura Lyons, representing the Austin Rape Crisis Center.

The following resource person spoke on the bill:

     Tony Fabelo, Ph.D., Executive Director of the Criminal Justice
     Policy Council.

HB 594 was left pending in committee.

HB 594 was considered by the full committee in a formal meeting on
April 12, 1995.  The committee considered a complete substitute for
the bill.  The substitute was adopted by a non-record vote.  HB 594
was reported favorably as substituted, with the recommendation that
it do pass and be printed, by a record vote of 6 ayes, 0 nays, 0
pnv, and 3 absent.