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.