1-1 By: Greenberg, Allen, et al. H.B. No. 594
1-2 (Senate Sponsor - Brown, Sims)
1-3 (In the Senate - Received from the House May 4, 1995;
1-4 May 5, 1995, read first time and referred to Committee on Criminal
1-5 Justice; May 22, 1995, reported adversely, with favorable Committee
1-6 Substitute by the following vote: Yeas 5, Nays 0; May 22, 1995,
1-7 sent to printer.)
1-8 COMMITTEE SUBSTITUTE FOR H.B. No. 594 By: Brown
1-9 A BILL TO BE ENTITLED
1-10 AN ACT
1-11 relating to the punishment and sentencing of a defendant convicted
1-12 of a repeat offense of sexual assault.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 3g(a), Article 42.12, Code of Criminal
1-15 Procedure, is amended to read as follows:
1-16 (a) The provisions of Section 3 of this article do not
1-17 apply:
1-18 (1) to a defendant adjudged guilty of an offense
1-19 defined by the following sections of the Penal Code:
1-20 (A) Section 19.02 (Murder);
1-21 (B) Section 19.03 (Capital murder);
1-22 (C) Section 21.11(a)(1) (Indecency with a
1-23 child);
1-24 (D) Section 20.04 (Aggravated kidnapping);
1-25 (E) Section 22.021 (Aggravated sexual assault);
1-26 (F) Section 29.03 (Aggravated robbery);
1-27 (G) Section 22.011 (Sexual assault); or
1-28 (2) to a defendant when it is shown that a deadly
1-29 weapon as defined in Section 1.07, Penal Code, was used or
1-30 exhibited during the commission of a felony offense or during
1-31 immediate flight therefrom, and that the defendant used or
1-32 exhibited the deadly weapon or was a party to the offense and knew
1-33 that a deadly weapon would be used or exhibited. On an affirmative
1-34 finding under this subdivision, the trial court shall enter the
1-35 finding in the judgment of the court. On an affirmative finding
1-36 that the deadly weapon was a firearm, the court shall enter that
1-37 finding in its judgment.
1-38 SECTION 2. Section 8(b)(3), Article 42.18, Code of Criminal
1-39 Procedure, is amended to read as follows:
1-40 (3) If a prisoner, other than a prisoner described by
1-41 Subdivision (4) of this subsection, is serving a sentence for the
1-42 offenses listed in Subdivision (1)(A), (C), (D), (E), <or> (F), or
1-43 (G) of Section 3g(a), Article 42.12 of this code, or if the
1-44 judgment contains an affirmative finding under Subdivision (2) of
1-45 Subsection (a) of Section 3g of that article, he is not eligible
1-46 for release on parole until his actual calendar time served,
1-47 without consideration of good conduct time, equals one-half of the
1-48 maximum sentence or 30 calendar years, whichever is less, but in no
1-49 event shall he be eligible for release on parole in less than two
1-50 calendar years.
1-51 SECTION 3. (a) The change in law made by this Act applies
1-52 only to an offense committed on or after the effective date of this
1-53 Act. For purposes of this section, an offense is committed before
1-54 the effective date of this Act if any element of the offense occurs
1-55 before the effective date.
1-56 (b) An offense committed before the effective date of this
1-57 Act is covered by the law in effect when the offense was committed,
1-58 and the former law is continued in effect for that purpose.
1-59 SECTION 4. This Act takes effect September 1, 1995.
1-60 SECTION 5. The importance of this legislation and the
1-61 crowded condition of the calendars in both houses create an
1-62 emergency and an imperative public necessity that the
1-63 constitutional rule requiring bills to be read on three several
1-64 days in each house be suspended, and this rule is hereby suspended.
1-65 * * * * *