By Jones of Dallas                                     H.B. No. 790
       74R192 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the punishment and eligibility for parole of defendants
    1-3  convicted of habitual acts of sexual assault.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 22.011, Penal Code, is amended by
    1-6  amending Subsection (f) and adding Subsection (g) to read as
    1-7  follows:
    1-8        (f)  Except as provided by Subsection (g), an <An> offense
    1-9  under this section is a felony of the second degree.
   1-10        (g)  An offense under this section is punishable by
   1-11  imprisonment in the institutional division for life if it is shown
   1-12  on the trial of the offense that the actor has previously been
   1-13  convicted:
   1-14              (1)  two or more times under this section;
   1-15              (2)  two or more times under Section 22.021; or
   1-16              (3)  at least one time under this section and at least
   1-17  one time under Section 22.021.
   1-18        SECTION 2.  Section 22.021, Penal Code, is amended by
   1-19  amending Subsection (e) and adding Subsection (f) to read as
   1-20  follows:
   1-21        (e)  Except as provided by Subsection (f), an <An> offense
   1-22  under this section is a felony of the first degree.
   1-23        (f)  An offense under this section is punishable by
   1-24  imprisonment in the institutional division for life if it is shown
    2-1  on the trial of the offense that the actor has previously been
    2-2  convicted:
    2-3              (1)  two or more times under this section;
    2-4              (2)  two or more times under Section 22.011; or
    2-5              (3)  at least one time under this section and at least
    2-6  one time under Section 22.011.
    2-7        SECTION 3.  Section 8(b)(2), Article 42.18, Code of Criminal
    2-8  Procedure, is amended to read as follows:
    2-9              (2)  If a prisoner is serving a life sentence for a
   2-10  capital felony, the prisoner is not eligible for release on parole
   2-11  until the actual calendar time the prisoner has served, without
   2-12  consideration of good conduct time, equals 40 calendar years.  A
   2-13  prisoner serving a life sentence imposed under Section 22.011(g) or
   2-14  22.021(f), Penal Code, is not eligible for release on parole.
   2-15        SECTION 4.  (a)  The change in law made by this Act applies
   2-16  only to an offense committed on or after the effective date of this
   2-17  Act.  For purposes of this section, an offense is committed before
   2-18  the effective date of this Act if any element of the offense occurs
   2-19  before the effective date.
   2-20        (b)  An offense committed before the effective date of this
   2-21  Act is covered by the law in effect when the offense was committed,
   2-22  and the former law is continued in effect for that purpose.
   2-23        SECTION 5.  This Act takes effect September 1, 1995.
   2-24        SECTION 6.  The importance of this legislation and the
   2-25  crowded condition of the calendars in both houses create an
   2-26  emergency and an imperative public necessity that the
   2-27  constitutional rule requiring bills to be read on three several
    3-1  days in each house be suspended, and this rule is hereby suspended.