By Greenberg, Allen, et al. H.B. No. 594
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment and sentencing of a defendant convicted
1-3 of a repeat offense of sexual assault.
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(a)(2) (Sexual assault);
1-19 (H) Section 22.011(a)(1) (Sexual assault), but
1-20 only if the defendant previously has been adjudged guilty of an
1-21 offense under Section 21.11(a)(1), 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. Section 5(a), Article 42.12, Code of Criminal
2-9 Procedure, is amended to read as follows:
2-10 (a) Except as provided by Subsection (d) of this section,
2-11 when in the judge's opinion the best interest of society and the
2-12 defendant will be served, the judge may, after receiving a plea of
2-13 guilty or plea of nolo contendere, hearing the evidence, and
2-14 finding that it substantiates the defendant's guilt, defer further
2-15 proceedings without entering an adjudication of guilt, and place
2-16 the defendant on community supervision. The judge shall inform the
2-17 defendant orally or in writing of the possible consequences under
2-18 Subsection (b) of this section of a violation of community
2-19 supervision. If the information is provided orally, the judge must
2-20 record and maintain the judge's statement to the defendant. In a
2-21 felony case, the period of community supervision may not exceed 10
2-22 years. For a defendant charged with a felony under Section 21.11,
2-23 22.011, or 22.021, Penal Code, notwithstanding Section 3(b) of this
2-24 article, the period of community supervision may not be less than
2-25 five years. In a misdemeanor case, the period of community
2-26 supervision may not exceed two years. A judge may increase the
2-27 maximum period of community supervision in the manner provided by
3-1 Section 22(c) of this article. The judge may impose a fine
3-2 applicable to the offense and require any reasonable conditions of
3-3 community supervision, including mental health treatment under
3-4 Section 11(d) of this article, that a judge could impose on a
3-5 defendant placed on community supervision for a conviction that was
3-6 probated and suspended, including confinement. However, upon
3-7 written motion of the defendant requesting final adjudication filed
3-8 within 30 days after entering such plea and the deferment of
3-9 adjudication, the judge shall proceed to final adjudication as in
3-10 all other cases.
3-11 SECTION 3. Section 8(b)(3), Article 42.18, Code of Criminal
3-12 Procedure, is amended to read as follows:
3-13 (3) If a prisoner, other than a prisoner described by
3-14 Subdivision (4) of this subsection, is serving a sentence for the
3-15 offenses listed in Subdivision (1)(A), (C), (D), (E), <or> (F),
3-16 (G), or (H) of Section 3g(a), Article 42.12 of this code, or if the
3-17 judgment contains an affirmative finding under Subdivision (2) of
3-18 Subsection (a) of Section 3g of that article, he is not eligible
3-19 for release on parole until his actual calendar time served,
3-20 without consideration of good conduct time, equals one-half of the
3-21 maximum sentence or 30 calendar years, whichever is less, but in no
3-22 event shall he be eligible for release on parole in less than two
3-23 calendar years.
3-24 SECTION 4. (a) The change in law made by this Act applies
3-25 only to an offense committed on or after the effective date of this
3-26 Act. For purposes of this section, an offense is committed before
3-27 the effective date of this Act if any element of the offense occurs
4-1 before the effective date.
4-2 (b) An offense committed before the effective date of this
4-3 Act is covered by the law in effect when the offense was committed,
4-4 and the former law is continued in effect for that purpose.
4-5 SECTION 5. This Act takes effect September 1, 1995.
4-6 SECTION 6. The importance of this legislation and the
4-7 crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended.