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.