By McCall H.B. No. 41
74R106 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment and eligibility for parole of defendants
1-3 convicted of habitual acts of indecency with a child or sexual
1-4 assault.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 21.11, Penal Code, is amended by amending
1-7 Subsection (c) and adding Subsection (d) to read as follows:
1-8 (c) Except as provided by Subsection (d), an <An> offense
1-9 under Subsection (a)(1) is a felony of the second degree and an
1-10 offense under Subsection (a)(2) is a felony of the third degree.
1-11 (d) An offense under this section is punishable by
1-12 imprisonment in the institutional division of the Texas Department
1-13 of Criminal Justice for life if it is shown on the trial of the
1-14 offense that the actor has previously been convicted two or more
1-15 times under:
1-16 (1) this section;
1-17 (2) Section 22.011;
1-18 (3) Section 22.021; or
1-19 (4) any combination of offenses listed in Subdivision
1-20 (1), (2), or (3).
1-21 SECTION 2. Section 22.011, Penal Code, is amended by
1-22 amending Subsection (f) and adding Subsection (g) to read as
1-23 follows:
1-24 (f) Except as provided by Subsection (g), an <An> offense
2-1 under this section is a felony of the second degree.
2-2 (g) An offense under this section is punishable by
2-3 imprisonment in the institutional division of the Texas Department
2-4 of Criminal Justice for life if it is shown on the trial of the
2-5 offense that the actor has previously been convicted two or more
2-6 times under:
2-7 (1) this section;
2-8 (2) Section 21.11;
2-9 (3) Section 22.021; or
2-10 (4) any combination of offenses listed in Subdivision
2-11 (1), (2), or (3).
2-12 SECTION 3. Section 22.021, Penal Code, is amended by
2-13 amending Subsection (e) and adding Subsection (f) to read as
2-14 follows:
2-15 (e) Except as provided by Subsection (f), an <An> offense
2-16 under this section is a felony of the first degree.
2-17 (f) An offense under this section is punishable by
2-18 imprisonment in the institutional division of the Texas Department
2-19 of Criminal Justice for life if it is shown on the trial of the
2-20 offense that the actor has previously been convicted two or more
2-21 times under:
2-22 (1) this section;
2-23 (2) Section 21.11;
2-24 (3) Section 22.011; or
2-25 (4) any combination of offenses listed in Subdivision
2-26 (1), (2), or (3).
2-27 SECTION 4. Section 8(b)(2), Article 42.18, Code of Criminal
3-1 Procedure, is amended to read as follows:
3-2 (2) If a prisoner is serving a life sentence for a
3-3 capital felony, the prisoner is not eligible for release on parole
3-4 until the actual calendar time the prisoner has served, without
3-5 consideration of good conduct time, equals 40 calendar years. A
3-6 prisoner serving a life sentence imposed under Section 21.11(d),
3-7 22.011(g), or 22.021(f), Penal Code, is not eligible for release on
3-8 parole.
3-9 SECTION 5. The changes in law made by this Act apply only to
3-10 a defendant convicted of an offense committed on or after the
3-11 effective date of this Act. For the purposes of this section, an
3-12 offense is committed before the effective date of this Act if any
3-13 element of the offense occurs before the effective date. A
3-14 defendant convicted of an offense committed before the effective
3-15 date of this Act is covered by the law in effect when the offense
3-16 was committed, and the former law is continued in effect for this
3-17 purpose.
3-18 SECTION 6. This Act takes effect September 1, 1995.
3-19 SECTION 7. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended.