By Talton, Allen H.B. No. 17
74R842 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment and eligibility for parole of certain
1-3 habitual violent offenders.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 12.42(d), Penal Code, is amended to read
1-6 as follows:
1-7 (d) Except as provided by Subsection (f), if <If> it is
1-8 shown on the trial of a felony offense that the defendant has
1-9 previously been finally convicted of two felony offenses, and the
1-10 second previous felony conviction is for an offense that occurred
1-11 subsequent to the first previous conviction having become final, on
1-12 conviction he shall be punished by imprisonment in the
1-13 institutional division of the Texas Department of Criminal Justice
1-14 for life, or for any term of not more than 99 years or less than 25
1-15 years.
1-16 SECTION 2. Section 12.42, Penal Code, is amended by adding
1-17 Subsection (f) to read as follows:
1-18 (f)(1) Except as provided by Subdivision (2), a defendant
1-19 shall be punished by imprisonment in the institutional division for
1-20 life if the defendant is convicted of an offense listed in Section
1-21 3g(a)(1), Article 42.12, Code of Criminal Procedure, or an offense
1-22 for which the judgment will contain an affirmative finding under
1-23 Section 3g(a)(2), Article 42.12, if it is shown on the trial of the
1-24 offense that:
2-1 (A) the defendant has previously been finally
2-2 convicted of two offenses:
2-3 (i) listed in Section 3g(a)(1), Article
2-4 42.12;
2-5 (ii) for which the judgments contain an
2-6 affirmative finding under Section 3g(a)(2), Article 42.12; or
2-7 (iii) one of which is listed in Section
2-8 3g(a)(1), Article 42.12, and one for which the judgment contains an
2-9 affirmative finding under Section 3g(a)(2), Article 42.12; and
2-10 (B) the second previous conviction is for an
2-11 offense that occurred subsequent to the first previous conviction
2-12 having become final.
2-13 (2) If the instant offense is a capital offense, the
2-14 defendant shall be punished by imprisonment for life in the
2-15 institutional division or by death.
2-16 SECTION 3. Section 2, Article 37.071, Code of Criminal
2-17 Procedure, is amended by adding Subsection (j) to read as follows:
2-18 (j) On the trial of a capital offense, the court shall make
2-19 an affirmative finding of fact and enter the finding in the
2-20 judgment in the case if it is shown on the trial of the offense
2-21 that:
2-22 (1) the defendant has previously been finally
2-23 convicted of two offenses:
2-24 (A) listed in Section 3g(a)(1), Article 42.12 of
2-25 this code;
2-26 (B) for which each judgment contains an
2-27 affirmative finding under Section 3g(a)(2), Article 42.12; or
3-1 (C) one of which is listed in Section 3g(a)(1),
3-2 Article 42.12, and one for which the judgment contains an
3-3 affirmative finding under Section 3g(a)(2), Article 42.12; and
3-4 (2) the second previous conviction is for an offense
3-5 that occurred subsequent to the first previous conviction having
3-6 become final.
3-7 SECTION 4. Section 8(b)(2), Article 42.18, Code of Criminal
3-8 Procedure, is amended to read as follows:
3-9 (2) If a prisoner is serving a life sentence for a
3-10 capital felony, the prisoner is not eligible for release on parole
3-11 until the actual calendar time the prisoner has served, without
3-12 consideration of good conduct time, equals 40 calendar years,
3-13 unless the judgment for the offense contains an affirmative finding
3-14 under Section 2(j), Article 37.071 of this code, in which event the
3-15 prisoner is not eligible for release on parole. A prisoner serving
3-16 a life sentence imposed under Section 12.42(f)(1), Penal Code, is
3-17 not eligible for release on parole.
3-18 SECTION 5. (a) The change in law made by this Act applies
3-19 only to an offense committed on or after the effective date of this
3-20 Act. For purposes of this section, an offense is committed before
3-21 the effective date of this Act if any element of the offense occurs
3-22 before the effective date.
3-23 (b) An offense committed before the effective date of this
3-24 Act is covered by the law in effect when the offense was committed,
3-25 and the former law is continued in effect for this purpose.
3-26 SECTION 6. This Act takes effect September 1, 1995.
3-27 SECTION 7. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended.