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                               * * * * *