74R10271 GWK-D
By Greenberg, Allen, et al. H.B. No. 594
Substitute the following for H.B. No. 594:
By Farrar C.S.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 8(b)(3), Article 42.18, Code of Criminal
2-9 Procedure, is amended to read as follows:
2-10 (3) If a prisoner, other than a prisoner described by
2-11 Subdivision (4) of this subsection, is serving a sentence for the
2-12 offenses listed in Subdivision (1)(A), (C), (D), (E), <or> (F),
2-13 (G), or (H) of Section 3g(a), Article 42.12 of this code, or if the
2-14 judgment contains an affirmative finding under Subdivision (2) of
2-15 Subsection (a) of Section 3g of that article, he is not eligible
2-16 for release on parole until his actual calendar time served,
2-17 without consideration of good conduct time, equals one-half of the
2-18 maximum sentence or 30 calendar years, whichever is less, but in no
2-19 event shall he be eligible for release on parole in less than two
2-20 calendar years.
2-21 SECTION 3. (a) The change in law made by this Act applies
2-22 only to an offense committed on or after the effective date of this
2-23 Act. For purposes of this section, an offense is committed before
2-24 the effective date of this Act if any element of the offense occurs
2-25 before the effective date.
2-26 (b) An offense committed before the effective date of this
2-27 Act is covered by the law in effect when the offense was committed,
3-1 and the former law is continued in effect for that purpose.
3-2 SECTION 4. This Act takes effect September 1, 1995.
3-3 SECTION 5. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended.