By Greenberg, Allen H.B. No. 594
74R1603 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment and sentencing of defendants convicted
1-3 of indecency with a child, sexual assault, or aggravated sexual
1-4 assault.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 21.11(c), Penal Code, is amended to read
1-7 as follows:
1-8 (c) An offense under Subsection (a)(1) is punishable by
1-9 imprisonment in the institutional division for life <a felony of
1-10 the second degree> and an offense under Subsection (a)(2) is a
1-11 felony of the third degree.
1-12 SECTION 2. Section 22.011(f), Penal Code, is amended to read
1-13 as follows:
1-14 (f) An offense under this section is punishable by
1-15 imprisonment in the institutional division for life <a felony of
1-16 the second degree>.
1-17 SECTION 3. Section 22.021(e), Penal Code, is amended to read
1-18 as follows:
1-19 (e) An offense under this section is punishable by
1-20 imprisonment in the institutional division for life <a felony of
1-21 the first degree>.
1-22 SECTION 4. Section 3g(a), Article 42.12, Code of Criminal
1-23 Procedure, is amended to read as follows:
1-24 (a) The provisions of Section 3 of this article do not
2-1 apply:
2-2 (1) to a defendant adjudged guilty of an offense
2-3 defined by the following sections of the Penal Code:
2-4 (A) Section 19.02 (Murder);
2-5 (B) Section 19.03 (Capital murder);
2-6 (C) Section 21.11(a)(1) (Indecency with a
2-7 child);
2-8 (D) Section 20.04 (Aggravated kidnapping);
2-9 (E) Section 22.021 (Aggravated sexual assault);
2-10 (F) Section 29.03 (Aggravated robbery);
2-11 (G) Section 22.011 (Sexual assault); or
2-12 (2) to a defendant when it is shown that a deadly
2-13 weapon as defined in Section 1.07, Penal Code, was used or
2-14 exhibited during the commission of a felony offense or during
2-15 immediate flight therefrom, and that the defendant used or
2-16 exhibited the deadly weapon or was a party to the offense and knew
2-17 that a deadly weapon would be used or exhibited. On an affirmative
2-18 finding under this subdivision, the trial court shall enter the
2-19 finding in the judgment of the court. On an affirmative finding
2-20 that the deadly weapon was a firearm, the court shall enter that
2-21 finding in its judgment.
2-22 SECTION 5. Section 8(b)(1), Article 42.18, Code of Criminal
2-23 Procedure, is amended to read as follows:
2-24 (b)(1) A prisoner under sentence of death is not eligible
2-25 for parole. A prisoner serving a life sentence for an offense
2-26 under Section 21.11(a)(1), 22.011, or 22.021, Penal Code, who has
2-27 previously served a sentence for an offense under Section
3-1 21.11(a)(1), 22.011, or 22.021, Penal Code, is not eligible for
3-2 release on parole.
3-3 SECTION 6. Section 8(b)(3), Article 42.18, Code of Criminal
3-4 Procedure, is amended to read as follows:
3-5 (3) If a prisoner, other than a prisoner described by
3-6 Subdivision (4) of this subsection, is serving a sentence for the
3-7 offenses listed in Subdivision (1)(A), (C), (D), (E), <or> (F), or
3-8 (G) of Section 3g(a), Article 42.12 of this code, or if the
3-9 judgment contains an affirmative finding under Subdivision (2) of
3-10 Subsection (a) of Section 3g of that article, he is not eligible
3-11 for release on parole until his actual calendar time served,
3-12 without consideration of good conduct time, equals one-half of the
3-13 maximum sentence or 30 calendar years, whichever is less, but in no
3-14 event shall he be eligible for release on parole in less than two
3-15 calendar years.
3-16 SECTION 7. Section 15(b), Article 42.18, Code of Criminal
3-17 Procedure, is amended to read as follows:
3-18 (b) The pardons and paroles division may allow a person
3-19 released on parole or mandatory supervision, other than a person
3-20 released following a sentence of life imprisonment for an offense
3-21 under Section 21.11(a)(1), 22.011, or 22.021, Penal Code, to serve
3-22 the remainder of the person's sentence without supervision and
3-23 without being required to report if:
3-24 (1) the person has been under the supervision for not
3-25 less than one-half of the time that remained on the person's
3-26 sentence when the person was released from imprisonment and during
3-27 the period of supervision the person's parole or release on
4-1 mandatory supervision has not been revoked; and
4-2 (2) the pardons and paroles division determines that:
4-3 (A) the person has made a good faith effort to
4-4 comply with any restitution order imposed on the person by a court
4-5 of competent jurisdiction; and
4-6 (B) allowing the person to serve the remainder
4-7 of the person's sentence without supervision and reporting is in
4-8 the best interest of society.
4-9 SECTION 8. (a) The change in law made by this Act applies
4-10 only to an offense committed on or after the effective date of this
4-11 Act. For purposes of this section, an offense is committed before
4-12 the effective date of this Act if any element of the offense occurs
4-13 before the effective date.
4-14 (b) An offense committed before the effective date of this
4-15 Act is covered by the law in effect when the offense was committed,
4-16 and the former law is continued in effect for that purpose.
4-17 SECTION 9. This Act takes effect September 1, 1995.
4-18 SECTION 10. The importance of this legislation and the
4-19 crowded condition of the calendars in both houses create an
4-20 emergency and an imperative public necessity that the
4-21 constitutional rule requiring bills to be read on three several
4-22 days in each house be suspended, and this rule is hereby suspended.