BILL ANALYSIS



S.B. 45
By: Shapiro (Wolens)
05-05-95
Committee Report (Amended)



BACKGROUND

A sex offender can be sentenced to life in prison only by
committing a first degree felony sex offense and then committing
another felony, or by committing any felony sex offense and then
committing two other consecutive felony offenses.

PURPOSE

As proposed, C.S.S.B. 45 sets penalties of life in prison if the
defendant is convicted of certain offenses or if the defendant has
previously been convicted of two felony offenses.  Authorizes the
Board of Pardons and Paroles to require a person to serve 40
calendar years before becoming eligible for parole.

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 12.42(d), Penal Code, to require a
defendant to be punished by life imprisonment if the defendant is
convicted of an offense under Section 22.021, Penal Code; under
Section 20.04(a)(4), Penal Code, if the defendant committed the
offense with the intent to violate or abuse the victim sexually; or
under Section 30.02, Penal Code, punishable under Subsection (d) of
that section, if the defendant committed the offense with the
intent to commit a felony described by Subparagraph (i) or (ii) or
a felony under Section 21.11 or 22.011, Penal Code; and the
defendant has previously been convicted of two felony offenses, at
least one of which is a specified offense.

SECTION 2. Amends Section 7(g), Article 42.18, Code of Criminal
Procedure, to authorize the Board of Pardons and Paroles (board) to
grant parole to a person required under Section 8(b)(2) to serve 40
calendar years before becoming eligible for release on parole,
rather than convicted of a capital felony, only on a two-thirds
vote of the entire board membership.  Requires the entire board to
meet to vote on the inmate's release on parole, and a member of the
board may not vote on the release unless the member first receives
a copy of a written report prepared by a certain psychiatrist on
the probability that the inmate would commit additional offenses if
released.

SECTION 3. Amends Section 8(b)(2), Article 42.18, Code of Criminal
Procedure, to provide that if a prisoner is serving a sentence for
a capital felony or the prisoner is serving a life sentence imposed
under Section 12.42(d)(2), Penal Code, the prisoner is not eligible
for release on parole until the actual calendar time the prisoner
has served equals 40 calendar years.

SECTION 4. Makes application of this Act prospective.

SECTION 5. Makes application of this Act retrospective regarding
Section 7(g), Article 42.18, Code of Criminal Procedure.

SECTION 6. Effective date: September 1, 1995.

SECTION 7. Emergency clause.

EXPLANATION OF AMENDMENTS

Changes the calendar years before the board may grant parole from
40 years to 35 years. Changes the actual calendar time the prisoner
serves for a capital felony from 40 years to 35 years before being
eligible for release on parole. 

SUMMARY OF COMMITTEE ACTION

SB 45 was considered by the full committee in a public hearing on
May 3, 1995.  The bill was left pending.  SB 45 was considered by
the full committee in a formal meeting on May 5, 1995.  The
committee considered an amendment.  The amendment was adopted
without objection.  SB 45 was reported favorably as amended, with
the recommendation that it do pass and be printed, by a record vote
of 8 ayes, 0 nays, 0 pnv, and 1 absent.