By Allen H.B. No. 12 74R157 GWK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the eligibility for community supervision and release 1-3 on parole for repeat sexual offenders. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 3g(a), Article 42.12, Code of Criminal 1-6 Procedure, is amended to read as follows: 1-7 (a) The provisions of Section 3 of this article do not 1-8 apply: 1-9 (1) to a defendant adjudged guilty of an offense 1-10 defined by the following sections of the Penal Code: 1-11 (A) Section 19.02 (Murder); 1-12 (B) Section 19.03 (Capital murder); 1-13 (C) Section 21.11(a)(1) (Indecency with a 1-14 child); 1-15 (D) Section 20.04 (Aggravated kidnapping); 1-16 (E) Section 22.021 (Aggravated sexual assault); 1-17 (F) Section 29.03 (Aggravated robbery); 1-18 (G) Section 22.011 (Sexual assault), if it is 1-19 shown on the trial of the offense that the defendant has previously 1-20 been finally convicted of an offense under Section 21.11(a)(1), 1-21 22.011, or 22.021; or 1-22 (2) to a defendant when it is shown that a deadly 1-23 weapon as defined in Section 1.07, Penal Code, was used or 1-24 exhibited during the commission of a felony offense or during 2-1 immediate flight therefrom, and that the defendant used or 2-2 exhibited the deadly weapon or was a party to the offense and knew 2-3 that a deadly weapon would be used or exhibited. On an affirmative 2-4 finding under this subdivision, the trial court shall enter the 2-5 finding in the judgment of the court. On an affirmative finding 2-6 that the deadly weapon was a firearm, the court shall enter that 2-7 finding in its judgment. 2-8 SECTION 2. (a) The change in law made by this Act applies 2-9 only to an offense committed on or after the effective date of this 2-10 Act. For purposes of this section, an offense is committed before 2-11 the effective date of this Act if any element of the offense occurs 2-12 before the effective date. 2-13 (b) An offense committed before the effective date of this 2-14 Act is covered by the law in effect when the offense was committed, 2-15 and the former law is continued in effect for that purpose. 2-16 SECTION 3. This Act takes effect September 1, 1995. 2-17 SECTION 4. The importance of this legislation and the 2-18 crowded condition of the calendars in both houses create an 2-19 emergency and an imperative public necessity that the 2-20 constitutional rule requiring bills to be read on three several 2-21 days in each house be suspended, and this rule is hereby suspended.