BILL ANALYSIS C.S.H.B. 594 By: Greenberg (Brown) Criminal Justice 05-22-95 Senate Committee Report (Substituted) BACKGROUND According to the Criminal Justice Policy Council, the average time served in prison by offenders convicted of sexual assault 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 As proposed, C.S.H.B. 594 makes 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. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 3g(a), Article 42.12, Code of Criminal Procedure, to provide that the provisions of Section 3 of this article do not apply to a defendant adjudged guilty of an offense defined by, among other offenses, Section 22.011(a)(2) or Section 22.11(a)(1), Penal Code (sexual assault), but only if the defendant previously has been adjudged guilty of an offense under Section 21.11(a)(1), or 22.011, Penal Code. SECTION 2. Amends Section 8(b)(3), Article 42.18, Code of Criminal Procedure, to make conforming changes. SECTION 3. Makes application of this Act prospective. SECTION 4. Effective date: September 1, 1995. SECTION 5. Emergency clause.